Cost of replacing defective work excluded under Builder’s Risk Policy

by Kent Holland | Feb 7, 2011 | Newsletter Article

A construction contractor (Laquilia Construction, Inc.) poured concrete that failed to meet the specifications for minimum strength for the floor slab of a high rise commercial building. The defective concrete had to be ripped out and replaced. This replacement...

Contractor Not Bound By Architect’s Decision on Claim

by Kent Holland | Feb 7, 2011 | Newsletter Article

Contracts between owners and contractors often state that the contractor must submit any claim to the architect for final determination. Most contracts state that this must be done as a condition precedent to further review by a dispute resolution board or a court....

A/E Contract Established Time Limit for Suit

by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits

To better manage and price the risks associated with design services, A/E’s often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the...

Copyright infringement by Reuse of Architect’s Plans

by Kent Holland | Feb 7, 2011 | Newsletter Article

Disputes over who has ownership and rights to use or reuse the architect’s plans are becoming more common. The AIA contract documents contain language granting the architect ownership and control of the documents. It seems, however, that more owners are amending that...

Contractor Criminally Indicted for Death of Workers

by Kent Holland | Feb 7, 2011 | Newsletter Article

When two workers that were trapped and drowned in a collapse trench, a general contractor and its president were indicted by a Grand Jury for manslaughter, negligent homicide and reckless endangerment. The facts as described by the court are these: The general...

A/E Relied on Owner to Test Old Tank before Incorporating into New Project: Potential Liability for Death Caused by Tank Rupture

by Kent Holland | Feb 7, 2011 | Newsletter Article

Risk to the project architect/engineer (A/E) can be caused when its client (the project owner) provides it insufficient, incomplete, or inaccurate information upon which it relies. Agreements between the A/E and its client should identify data and information to be...