by Kent Holland | Feb 7, 2011 | Newsletter Article
A court dismissed a project owner’s suit against the manufacturer of flooring materials that were used in the building because there was no privity of contract between the owner and he manufacturer. The manufacturer was a subcontractor to the flooring contractor...
by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
According to a Louisiana appellate court, an indemnification clause can not be enforced to require a party to indemnify for the indemnitee’s own negligence unless the clause specifically states that to be the intent of the parties in no uncertain terms. An...
by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the...
by Kent Holland | Feb 7, 2011 | Newsletter Article, standard of care
A jury found an architect liable for the personal injuries sustained by a city employee who fell though the attic floor of the city garage that was designed by the defendant. The flooring was supported by number two pine 2 x 8s. One of them broke under the weight of...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Expert testimony most be presented by a plaintiff to prove that a design professional violated the standard of care and was, therefore, negligent in the performance of professional services. In Taylor v. DeLosso, 725 A.2d 51 (N.J. Super. A.D. 1999), the court reversed...
by Kent Holland | Feb 6, 2011 | Newsletter Article
An MBE firm’s suit against an engineering firm for recommending rejection of its low bid on a public road project was dismissed on summary judgment which was affirmed on appeal. The causes of action included racial discrimination, tortious interference with business...
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