Date of Substantial Completion Triggers Statute of Limitations period for Prime Contractor to Sue its Subcontractor

by Kent Holland | Dec 31, 2010 | Newsletter Article

The prime contract between the project owner and general contractor included a provision stating that the statute of limitations for filing all claims would accrue on the date of substantial completion. Since the contract between the prime and its subcontractors...

Firm not Subject to Suit in New York for Services Performed by Moonlighting Employee in New Jersey

by Kent Holland | Dec 31, 2010 | Newsletter Article

In O’Brien v. Miller, 876 N.Y.S. 2d 23 (2009), it was held that the state’s long arm statute does not support the exercise of personal jurisdiction over an architect that performed services in New Jersey pursuant to a contract he personally entered into in New Jersey...

Case against Engineer Dismissed for Lack of Expert Affidavit

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where an insurance carrier brought a subrogation claim against a engineering firm and its subconsultants to recover insurance monies it had paid under its property policy to its insured townhouse owner as a result of damages to a party wall that occurred during...

Economic Loss Doctrine in Pennsylvania Bars Owner’s Negligence Claim against Designers and Construction Subcontractors

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where retaining walls for the foundation of a food distribution center began to evidence stress and potential failure, the building owner filed a suit against various design firms, contractors and subcontractors that had been involved in the design, inspection,...

When Does a Notice from Client Become a Claim that Must be Reported to Insurance Carrier?

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where a project developer sued its engineer that was responsible for the site and grading plan, the engineer’s carrier refused to defend the suit because it asserted the engineer had not provided notice of the claim within the time permitted for reporting under the...

Statute of Limitations for Negligence Actions Bars Suit against Engineer that was based on Breach of Contract Allegations

by Kent Holland | Dec 31, 2010 | Newsletter Article

Kroger Company brought suit against an engineering for breach of contract based on allegations that the engineering service were “ineffective, performed negligently, and their implementation caused additional damages to the Kroger Store.” Summary judgment was granted...