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Mold Problems Increase: Is Coverage Available?

by Kent Holland | Feb 8, 2011 | Newsletter Article

The presence of mold in buildings and the resulting health effects are increasingly becoming a public concern. Office buildings have been evacuated, homeowners are fleeing their homes, renters are being relocated, and schools have been closed all due to what some...

State Board Improperly Penalized Engineer that Performed Services Overlapping Those of Architects

by Kent Holland | Feb 8, 2011 | Newsletter Article

An engineer was incorrectly penalized by the Kansas State Board of Technical Professions when it restricted him from performing professional services that architects asserted were limited to their own profession. The Board determined that certain drawings constituted...

Architects Not Liable Under Americans with Disabilities Act

by Kent Holland | Feb 8, 2011 | Newsletter Article

Where two plaintiffs sued a theater owner and its architect for a new facility in which the plaintiffs claimed the seating and restroom facilities were designed and built out of compliance with the ADA, the United States Court of Appeals for the Ninth Circuit...

A/E Potentially Liable to Contractor for Defective Design Documents

by Kent Holland | Feb 8, 2011 | Newsletter Article

A general contractor sued a project architect, alleging that the architect prepared erroneous design documents knowing that the project owner would supply them to the successful bidder who would be injured if they were inadequate. An appellate court held the...

Insurance Carrier Had No Duty to Defend Engineer in Wrongful Death Action Based on Trench Collapse

by Kent Holland | Feb 8, 2011 | duty to defend, Newsletter Article

An engineer’s general liability insurance carrier (“Utica Insurance”) refused to defend a suit against the engineer arising out of the death of a laborer (“Lindsley”) in a trench collapse. It contented that the claim was excluded from coverage....

Failure to Attend Pre-Bid Site Visit Proves Fatal to Contractor’s Differing Site Conditions Claim

by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article

A government repair and alteration contract required installing new shower units to existing supply piping. Upon demolishing the shower wall, the contractor discovered that due to the location of the existing supply lines it would have to remove and replace the pipes....
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