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...

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;...