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...

Contractor Recovers More in Quantum Meruit Than it Would Have Under a Void Contract

by Kent Holland | Jan 11, 2011 | Newsletter Article

Engineer that performed feasibility planning and design services for a City’s new water treatment facility was replaced by the City by another engineer, and was not paid for its work nor allowed to complete the project.  The trail court awarded the engineer damages...

A/E Would Be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn't Failed to Prove Damages

by Kent Holland | Jan 11, 2011 | Newsletter Article

An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work.  Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...

Contractor Entitled to Recover Additional Compensation Due to Project Owner’s Failure to Disclose Material Information During Bidding Process – even Where Nondisclosure was not Done with Affirmative Intent to Conceal the Information

by Kent Holland | Jan 11, 2011 | differing site conditions, Newsletter Article

Contractor is entitled to recover additional compensation due to a school district’s failure to disclose material information during the bidding process, and it is not necessary for the contractor to prove affirmative fraudulent intent to conceal the information. ...

Contractor Suit against Project Owner’s Lender for Failing to Pay for Work Performed on Project is Dismissed

by Kent Holland | Jan 11, 2011 | Newsletter Article

Where a contractor brought a claim against a project owner’s bank that was funding the project, based on allegations that the bank made promises to the contractor that funds were available and would be paid to the contractor to complete the project, summary  judgment...