Statute of Repose for Construction Activities Time-Bars Claim that could also be Asserted as Products Liability – with Longer Statute of Limitations Period

by Kent Holland | Feb 7, 2011 | Newsletter Article

A plaintiff filed suit for negligence as well as products liability against a firm that designed, manufactured and installed precast concrete products for a parking garage. The court dismissed the suit because it was filed beyond the six years permitted under the...

Defective Workmanship Potentially Covered By Insurance

by Kent Holland | Feb 7, 2011 | Newsletter Article

An insurance dispute arose when the commercial general liability (CGL) insurance company refused to defend a suit by a prime contractor against an inspection firm (SLT, Inc.) that it had hired to inspect and approve shop welds of pipe sections that were brought to the...

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...