Architect’s Copyright Infringement Action against Another Architect was Properly Dismissed by Trial Court on a Motion to Dismiss

by Kent Holland | Jan 11, 2011 | Newsletter Article

Architect that was terminated from a project filed a copyright infringement complaint against an architect that “re-designed” the project allegedly copying the essence of the original design as well as a number of specific design features.  The federal district trial...

Government Contractor Defense not Available to Bar Katrina Class Action Suit against Firm that provided Excavation and Remediation Services on Canal

by Kent Holland | Jan 3, 2011 | Newsletter Article

Homeowners whose property was damaged by flooding after Hurricane Katrina sued the  contractor that provided engineering and remediation services to the U.S. Army Corps of Engineers in connection with a canal that later breached during Hurricane Katrina.  The trail...

Contractor not Liable under Superfund Law for Accidently Damaging Methanol Pipeline with Backhoe Causing Environmental Damages

by Kent Holland | Jan 3, 2011 | Newsletter Article

The United States Court of Appeals for the Fifth Circuit held that a contractor has no “arranger” liability under the Superfund law (CERCLA) for unconsciously denting a methanol pipeline that several years later cracked, thereby resulting in the release of methanol...

Subcontract Claim against General Contractor Barred by Waiver and Release Agreement

by Kent Holland | Jan 3, 2011 | Newsletter Article

A subcontractor sued the general contractor for breach of contract and quantum meruit, and also the contractor’s surety on a Miller Act claim.  What the subcontractor sought was payment for unanticipated costs incurred in constructing a federal law enforcement...

Engineer Sued by City for Negligently Recommending Acceptance of Low Bidder

by Kent Holland | Jan 3, 2011 | Newsletter Article

Where an engineer was required by contract with a city to recommend a contractor following competitive bidding, a court held that because the bid by the contractor that the engineer recommended be accepted was dramatically lower than the other bidders, it was...

Economic Loss Doctrine did not Preclude Developer’s Negligence Action against Engineer

by Kent Holland | Dec 31, 2010 | Newsletter Article

A builder who purchased a couple building lots from a subdivision developer in a new subdivision and built houses on them was sued by the homeowners on the basis of improper soil compaction that resulted in soil subsidence and structural damage to their homes. The...