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...

Contractor Can Sue Architect on Quantum Meruit Basis Where no Contract Exists

by Kent Holland | Dec 31, 2010 | Newsletter Article

Lauren McLaughlin, Esq. Briglia McLaughlin, PLLC – Vienna , VA The Latin phrase “quantum meruit” means “as much as he deserves” and is a legal theory relied upon by those seeking to make another party liable for services rendered in the absence of a contract. Through...

Consultant’s Duty to Defend Under a Contract with Developer Arises At the Time of Tender Despite the Lack of a Finding of Negligence Against the Consultant

by Kent Holland | Dec 31, 2010 | Newsletter Article

The California Court of Appeals issued an important opinion regarding UDC v CH2M Hill affecting construction professionals. The decision is the first of its kind to interpret a design professional’s duty to defend under an indemnity agreement in light of the...

$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner

by Kent Holland | Dec 31, 2010 | Newsletter Article

On October 30, 2009, the DC Superior Court confirmed an August 17, 2009 arbitration award issued by a three-member arbitration panel in New Athens Generating Co. et al. v. Bechtel Power Corp. et al. The Panel awarded $26,950,000 in liquidated damages against the...

Arizona Supreme Court Reaffirms Economic Loss Doctrine

by Kent Holland | Dec 31, 2010 | Newsletter Article

P. Douglas Folk, Esq. – Folk and Associates, P.C. I am very pleased to report the Arizona Supreme Court’s favorable decision in the Flagstaff Affordable Housing L.P. v. Design Alliance, Inc. case 2010 WL 476683 (Arizona, February 12, 2010). ACEC Arizona, AIA...