Indemnification not Owed by Engineer Inspectors to Design-Builder Whose Own Negligence caused Damages

by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article

A design-build contractor made changes to the size of steel supports for a bridge contrary to the design specifications and without approval of design engineer. It then built the bridge despite being advised of the non-conformities by its two subcontracted engineering...

Broad Form Indemnification Clause Violated State Anti-Indemnity Statute

by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article

An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...

Binding Arbitration Mandated by the Roof Shingles Wrapper

by Kent Holland | Mar 26, 2019 | Newsletter Article

A homeowners’ class action lawsuit against a roofing-shingle manufacturer was subject to mandatory arbitration because the homeowners, through their roofers, had opened and used the shingles that were contained in wrappers that on their face clearly stated...

Project Owner Can’t Sue Design-Build Contractor’s Design Subcontractor

by Kent Holland | Mar 1, 2019 | Newsletter Article

An owner developing a project under a design-build contract filed suit against a design professional that was a subcontractor to the owner’s design-build contractor. The suit was based on negligence and also breach of contract and named the engineering firm and two...

City not a Third Party Beneficiary of Design Professional’s Contract

by Kent Holland | Mar 1, 2019 | Newsletter Article

The City of New York filed a breach of contract claim against an architect (Perkins Eastman) that was under contract to the Dormitory Authority of the State of New York (DASNY), claiming it was an intended third party beneficiary of that contract. The state Court of...

Project Owner Can’t Sue Architect working under subcontract to Design-Builder for Alleged Negligent Approval of Pay Applications

by Kent Holland | Mar 1, 2019 | Newsletter Article

A contractor was awarded a design-build contract to design and build a four-story parking deck. The contractor subcontracted the design to an architectural firm. The Owner-Builder agreement between the contractor and owner listed the name of the architectural firm as...