Plan Drafter Penalized for Practicing Architecture without a License

by Kent Holland | Jan 30, 2011 | Newsletter Article

Plan Drafter Penalized for Practicing Architecture without a License An individual that drafted plans and specifications for a strip shopping center was fined by a stated board of architect examiners for practicing architecture without a license.  The individual...

Mechanic’s Lien Waiver Found Unenforceable because Violation of Public Policy

by Kent Holland | Jan 30, 2011 | Newsletter Article

Where a lien waiver provision incorporated by reference into a subcontract applies to prohibit all liens regardless of whether the subcontractor received any payment, the court concluded that such a provision violates public policy.   Enforceability of a lien waiver...

Subcontract Installation of Unattractive Wrong Shingles not Property Damage Covered by CGL Policy

by Kent Holland | Jan 30, 2011 | Newsletter Article

Where a subcontractor, without knowledge or permission of the prime contractor, purchased and installed shingles on the roof of a new garage that were a different color and an inferior grade than specified by the contract, the homeowner sued the prime contractor for...

How Building Information Modeling (BIM) Impacts Insurance Availability by Changing the Roles, Responsibilities, and Risks of Project Participants.

by Kent Holland | Jan 30, 2011 | Newsletter Article

What are the key risk allocation issues that may be impacted by the use of Building Information Modeling (BIM) on a specific construction project?   According to some attorneys and commentators, the risks unique to BIM are minimal and more than offset by its many...

Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court

by Kent Holland | Jan 30, 2011 | limitation of liability clause, Newsletter Article

A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for...

What Happens When Green Becomes Code: Do Buildings Get Better or Are Lawsuits Inevitable?

by Kent Holland | Jan 11, 2011 | Newsletter Article

George DuBose, Liberty Building Forensics Group The inevitable is about to happen and most people don’t even know it is coming — green buildings are going to become, by codification, the law of the land. For some firms, this will just mean business as...