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...

Requirements of Expert Affidavit of Lawsuit Merit

by Kent Holland | Feb 9, 2011 | Newsletter Article

Statutes in several states require that law suits against design professionals be accompanied by an affidavit of merit by an expert, attesting there is a reasonable probability that the defendant did not exercise the requisite standard of care. The issue to be decided...

Pennsylvania Jury Rejects Expert Testimony and Claim for Personal Injury Resulting from Mold

by Kent Holland | Feb 9, 2011 | Newsletter Article

In Traub v. Crawford & Company, et al., No. 1995-153-C-153 (Pa. Comm. Pls., Lehigh Cty.), plaintiffs, Mr. and Mrs. Traub, made a claim for storm damage in 1994 to their insurer, Great American Insurance Companies (“Great American”). Great American retained an...