by Kent Holland | Feb 7, 2011 | Newsletter Article
According to a benchmarking study by CNA/Schinnerer for the AIA Trust, claims data show that the majority of claims against the design professional are brought by the owner client. As reported in AIA Architect (May 2000), 55 to 60 percent of claims against architects...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When a painting subcontractor’s work proved to be defective, the prime contractor expended $10,000 for stripping and refinishing cabinets and woodwork, and then submitted a claim to its commercial general liability (CGL) insurance carrier to recover the costs. The...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
A homeowner (Northridge) retained an architectural firm (JWFA) to provide design and contract administration services for the renovation of a residential townhouse complex. Leaks were found in the roofs shortly after construction was completed. It was not until...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When the amount of damages is difficult to predict, a liquidated damages clause will generally be upheld unless the court determines that the clause was intended to be a penalty rather than liquidated damages. In Safeco Credit v. U.S., 44 Fed.Cl. 406 (1999), a...
by Kent Holland | Feb 7, 2011 | Newsletter Article
To what extent may defective workmanship of a contractor be covered under a commercial general liability (CGL) policy. Contractors have occasionally argued successfully that property damage or personal injury was imminent as a result of their defective work, and that...
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