Pollution Exclusion was Ambiguous and Unenforceable as Applied to Homeowner’s Claim Regarding Heating Oil Damage to its Basement.

by Kent Holland | Jul 13, 2023 | Newsletter Article

Where an insurance carrier denied coverage for damages caused by a heating and air-conditioning company whose removal of a system from a residential home resulted in 170 gallons of heating oil leaking into the basement.  The carrier argued that the oil was a...

General Contractor Can be Liable for Subcontractor’s Failure to Maintain Safe Scaffolding

by Kent Holland | Jul 13, 2023 | Newsletter Article

General Contractor on a housing project hired two subcontractors, one of whom installed scaffolding for use on the project.  An employee of one of the Subs fell from the scaffolding and sued the GC for his injuries.  Trial judge, relying on what is known as the...

Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager

by Kent Holland | May 24, 2023 | Newsletter Article

Where a state law requires engineers to designate a full-time person or “manager” as being in “responsible charge” of engineering activities, the state agency responsible for administering the statute found an engineer in violation because it used a used an...

Pay-If-Paid Clause Enforced in New Jersey

by Kent Holland | May 24, 2023 | Newsletter Article

Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work.  In New Jersey no...

Economic Loss Doctrine Does not Limit Actions where Tangible Property has been Damaged

by Kent Holland | Mar 14, 2023 | Newsletter Article

Homeowner whose house was damaged by a landslide filed negligence lawsuit against a geotechnical engineer who performed a Geotech investigation for the homebuilder/contractor. The contractor was out of business and couldn’t be sued.  Trial court dismissed the lawsuit...

Subcontractor unreasonably relied on email from Prime that stated only a little rock should be expected – contrary to the Geotech Report that showed the actual hard rock

by Kent Holland | Mar 14, 2023 | Newsletter Article

Foundation subcontractor sought extra payment for alleged differing site conditions related to rock found in the excavation area.  The geotechnical report provided by the contractor showed several boring holes with this type of hard rock.  But an email from the...