Contractor not a Third Party Beneficiary of Engineer’s Contract with Owner

by Kent Holland | Feb 25, 2020 | Newsletter Article

An engineer under contract to a federal agency (USAID) provided preliminary designs (the bridging documents) for a design-build project that the owner then provided to the contractor to complete the final designs for the project and then construct it. The contractor...

There Must be an Alleged Negligent Act of the Named Insured to Trigger Coverage for an Additional Insured under a CGL policy

by Kent Holland | Jan 28, 2020 | Newsletter Article

Does an Additional Insured under a contractor’s commercial general liability (CGL) policy have coverage for claims against the additional insured that aren’t based on allegations of negligent acts or omissions of the named insured contractor? In this decision the...

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...