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...
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...
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....
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....
by Kent Holland | Feb 8, 2011 | Newsletter Article
An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where contractor failed to respond adequately to the Navy’s reasonable request of assurances of timely performance, the Navy was entitled to regard the contractor’s failure to provide such assurances as a breach of the contract. The issuance of a cure notice may be...
Connect