Engineer May be Liable for Injuries Suffered by Construction Worker who was Injured on Jobsite

by Kent Holland | May 31, 2022 | Newsletter Article

A construction laborer was injured when part of a floor collapsed on him when he was removing concrete “topping.”  The individual sued the engineer arguing negligence in failing to disclose the dangerous unstable condition and failing to specify that the floor should...

Moonlighters convicted of Forgery and Identity Theft for Unlawfully Using Engineering Seal and Signature of Employer

by Kent Holland | May 31, 2022 | Newsletter Article

An unlicensed architect worked as an architectural designer for an engineering firm for eight years.   Another individual worked an engineering draftsman for the firm  for almost 20 years.  He had a civil engineering degree but never passes the professional...

Where Prime Failed to Require Indemnity from Its Sub and Failed to be Named as Additional Insured – its CGL Carrier Had No Coverage Responsibility

by Kent Holland | May 31, 2022 | Newsletter Article

General contractor and its CGL carrier were sued by a subcontractor’s  employee for injuries sustained when hit by truck driven by another subcontractor while working on site.  The CGL moved for summary judgment on the basis that an exclusion in the policy barred...

Standard of Care for Preliminary Design (Teaming Agreements)

by Kent Holland | May 31, 2022 | Newsletter Article

Our law firm, ConstructionRisk Counsel, PLLC represents and assists design firms that are seeing increased claims being made against them by their contractor clients on design-build projects – based on alleged negligence in preparing preliminary designs on which the...

Insufficient Basis to Pierce Corporate Veil

by Kent Holland | Mar 18, 2022 | Newsletter Article

Landowner sued contractor corporation and its principal for intentional trespass, conversion, and unjust enrichment where employees took material from owner’s land and used it on a road project without Owner’s authorization.  After numerous trials and appeals, it was...

Plaintiff Failed to Admit Requests for Admissions – and Defendant who won at Trial was entitled to Recover Attorneys’ Fees

by Kent Holland | Mar 18, 2022 | Newsletter Article

Where a homeowner sued contractor for failing to honor an alleged oral contract to build a house, the contractor submitted Requests for Admissions (RAFs) asking Owner to admit there was no oral contract and to grant other admissions.  Owner failed to make the...