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...

Contractor Can’t Recover Insurance for Damages Caused by its Its Breach of Contract

by Kent Holland | Feb 7, 2011 | Newsletter Article

A contractor sought recovery from its commercial general liability (CGL) policy for damages that the project owner claimed for water leakage and damage caused by the Exterior Insulation System furnished and installed by the contractor.  The insurance company filed a...

Quantum Meruit Recovery by Contractor Against Cher

by Kent Holland | Feb 7, 2011 | Newsletter Article

Contractor began construction on a $4.2 million home for Cher (movie star and singer/entertainer) based on a oral agreement that Cher would execute a written contract that had allegedly been negotiated between the parties.  Although Cher is alleged to have promised to...