Economic Loss Doctrine Prohibits Claim by One Subcontractor against Another for Economic Losses Caused by Delay

by Kent Holland | Aug 11, 2020 | Newsletter Article

Where a subcontractor on a construction project sued another subcontractor on that project for $1 million in delay damages caused by negligence, it was held that the economic loss doctrine prohibited the suit. Although the subcontractors had no contractual privity,...

No Equitable Relief for Contractor that Failed to Comply with Specifications Requiring Wiring Conduit Even Though Government Inspectors Didn’t Object Until Late in the Job. No Estoppel against Government.

by Kent Holland | Aug 11, 2020 | Newsletter Article

Watts Constructors, LLC (Watts) was required to remove and replace electrical wiring because it failed to comply with contract specifications requiring wiring to be installed inside rigid conduit. Armed Services Board of Contract Appeals (ASBCA) found that Watt’s...

CGL Carrier Owes No Duty to Defend Design-Builder against Project Owner’s Counterclaim alleging Damages from Defective Work

by Kent Holland | Aug 11, 2020 | Newsletter Article

Design-Builder’s services were terminated by the project owner. It then sued the owner for breach of contract. The owner counter-claimed — alleging breach of contract, breach of “implied duties of workmanlike performance and fitness for a particular purpose,”...

Negligence Claim against Architect Governed by Malpractice Rather than Contract Statute of Limitations

by Kent Holland | May 29, 2020 | Newsletter Article

Architect had contracted with a College District to perform services in accordance with “all applicable … codes, laws, regulations, and professional standards, consistent with the standard of care of an architect experienced in California schools and college...

Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit

by Kent Holland | May 29, 2020 | indemnification clause, Newsletter Article

Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...

Insurance Coverage Issues Related to Coronavirus Pandemic

by Kent Holland | Apr 15, 2020 | Newsletter Article

By:  Greyling Insurance Brokerage & Risk Consulting In this report, Greyling Insurance Brokerage outlines the insurance coverage applicable to various claims that could arise in connection with coronavirus (COVID-19) and the likelihood of recovery with respect to...