Documentation in the Age of Web-Based Project Management Systems

by Kent Holland | Feb 7, 2011 | Newsletter Article

From a risk management point of view, insurance companies should evaluate whether web-based project management systems have the potential to reduce the frequency and severity of claims on construction projects.  If the use of these systems proves to be a good risk...

Contractor Recovers as Additional Insured Despite Certificate of Insurance Being Issued After Date of Accident

by Kent Holland | Feb 7, 2011 | Newsletter Article

Where subcontractor agreed by contract to procure insurance for itself and the prime contractor, the prime was deemed to be insured under the subcontractor’s policy from the date it was issued without regard to the fact that the certificate of insurance naming it as...

A/E Would be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn’t Failed to Prove Damages

by Kent Holland | Feb 7, 2011 | Newsletter Article

An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work.  Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...

Role of Architect in Controlling Construction Costs

by Kent Holland | Feb 7, 2011 | Newsletter Article

The 1997 edition of the American Institute of Architects Standard Form of Agreement between Owner and Architect, AIA, B141-1997 fundamentally changes the role of the Architect regarding responsibility for controlling construction costs.  New section 2.1.7.1, is for...

Differing Site Conditions: Can You Recover Increased Costs?

by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article

In some parts of the country, subsurface conditions create great financial risks for contractors.  The Differing Site Conditions clause is one of the tools owners use to remove some of the risk and, therefore, maintain competition in the bidding process. Generally, a...

OSHA Standards Create no Liability for Engineer and Contractor for Injuries to Non-employee

by Kent Holland | Feb 7, 2011 | Newsletter Article, standard of care

An employee of  a project owner sued the engineer and contractor for injuries he sustained when he fell through a partially open hatch door on the mezzanine level of a catwalk in his employer’s production area.  He claimed that the engineer (CRS Sirrine) was...