Electronic Discovery Issues – An Emerging Challenge

by Kent Holland | Feb 9, 2011 | Newsletter Article

It is becoming increasingly commonplace for businesses to conduct complex transactions electronically. Electronically produced documents, such as e-mail, provide companies with a fast and efficient means of communicating and discussing problems. Entire transactions...

Contractor not Responsible for Costs of Changes Caused by Building Code Violations Contained in Owner’s Drawings

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor explicitly disclaimed responsibility for engineering of second floor additions creating snow load on existing roof structures, the court held that the contractor did not breach any implied warranty although certain building codes were apparently...

Review of Ava Abramowitz book “Architect’s Essentials of Contract Negotiation”

by Kent Holland | Feb 9, 2011 | Newsletter Article

With this marvelous book on negotiation, “Architect’s Essentials of Contract Negotiation”, by  Ava J. Abramowitz, Esq., Published by John Wiley & Sons, copyright 2002 (286 pages) provides a most excellent public service to design professionals and all other...

Statute of Repose Applies to Contract and Negligence Actions

by Kent Holland | Feb 9, 2011 | Newsletter Article

When the exterior EIFS system of a building wall fell down following a severe storm more than 10 years after construction had been completed, a ten year statute of repose was held to bar the building owner’s suit against the construction contractor regardless of...

Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)

by Kent Holland | Feb 9, 2011 | Newsletter Article

By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is...

Anti-Indemnity Statute does not Void Additional Insured’s Coverage

by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article

Where a construction contractor signed a contract containing an indemnification clause agreeing to indemnify the project owner for all claims arising under the contract, including those caused by the owner’s negligence, a court held that a liability insurance policy...