Design-Builder Unsuccessful in Suit against Engineering Subconsultant for Cost Overruns. Preliminary Drawings Can’t be Expected to be as Precise as Final Documents

by Kent Holland | Jan 28, 2020 | Newsletter Article

Design-Builder of a bridge sued its engineer subconsultant for costs allegedly attributed to errors in preliminary designs and cost/quantity estimates provided under the terms of a Teaming Agreement. Following a bench trial, the court rejected most of the...

CGL Carriers Had no Duty to Defend Professional Liability Claim against Designer of Pedestrian Bridge that Collapsed at Florida International University

by Kent Holland | Nov 6, 2019 | Newsletter Article

Figg Bridge Engineers, Inc. (“FIGG”) and Munilla Construction Management, LLC (“MCM”) contracted to design and construct a pedestrian bridge on the Florida International University campus. The bridge collapsed, killing and injuring several people. Lawsuits followed....

Waiver of Subrogation Enforceable on Gross Negligence Claims

by Kent Holland | Nov 6, 2019 | Newsletter Article

A condominium sustained $3 million in fire damage when a portable electric generator on a truck owned by its roofing repair contractor malfunctioned. The truck was parked in the condo garage despite contract language expressly prohibiting that. The condo property...

Acceptance Doctrine Prevents Construction Defect Suit

by Kent Holland | Nov 6, 2019 | Newsletter Article

The “acceptance doctrine” was applied in a negligent construction tort case to dismiss a homeowner suit against the contractor that built the original homeowner. The new homeowner purchased the home under an “as is” agreement and soon after purchase discovered...

Ambiguous Specifications Interpreted in Favor of Government Contractor

by Kent Holland | Sep 19, 2019 | Newsletter Article

The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...

Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)

by Kent Holland | Sep 19, 2019 | Newsletter Article

A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...