Construction Manager is Immune from a Contractor’s Employee Personal Injury Suit pursuant to the Workers Compensation Statute

by Kent Holland | Dec 31, 2010 | Newsletter Article

An individual who was employee of Company X, a firm that contracted with the project owner to perform electrical work at a construction site, fell from a forklift being operated by a project superintendant employed by a Construction Manager (Company Y) who was under...

Bodily Injuries and Property Damage from Garage Collapse are Excluded from Coverage under Design Professional’s CGL Policy

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where an architectural firm was sued by multiple plaintiffs for bodily injuries and property damage resulting from the collapse in 2003 of a parking garage it designed for the Tropicana Casino Resort in Atlantic City , its commercial general liability (CGL) carriers...

Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where Navy’s plans and specifications for roofing work were less than clear, and the contractor reasonably interpreted the contract as calling for waterproof paint rather than multiple-ply flashing material, the Court of Appeals for the Federal Circuit found the...

Limitation of Liability Clause in Engineer’s Contract Enforced in Georgia

by Kent Holland | Dec 31, 2010 | Newsletter Article

An engineering firm performed soil studies and rendered an opinion on the suitability of using septic systems in a residential subdivision being developed by its client. The client sued the engineer on the basis of allegedly inaccurate conclusions. The engineer...

Expert Witness Adequately Testified to Consensus Opinion on Applicable Standard of Care

by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care

A plaintiff’s expert witness was challenged by the defendant on the basis that the expert’s testimony failed to adequately demonstrate that there was a consensus within the architectural community for the standard of care that he asserted applied in the case. The...

Subcontractor Barred from Appealing Federal Government Decision on a Prime Contract Dispute Even though it was 3rd Party Beneficiary

by Kent Holland | Dec 31, 2010 | Newsletter Article

Subcontractor is not permitted under the Contracts Disputes Act (CDA) to bring an action against the federal government where the prime contractor failed to pay the subcontractor for its work. This is true even though the federal department (U.S. Navy) committed to...