by Kent Holland | Jun 19, 2019 | Newsletter Article
With news of increased flooding throughout the United States, what is a design professional’s standard of care when it comes to designing buildings that could foreseeably be damaged? My Briefing Paper of Summer 2018 suggested that even if designers comply with...
by Kent Holland | Jun 19, 2019 | Newsletter Article
An engineer that prepared a Request for Proposals (RFP) owed no duty to a bidder on a sewer authority project as a third-party who could foreseeably be injured or suffer economic loss due to engineer’s negligent performance of a contractual duty owed by the engineer...
by Kent Holland | Jun 18, 2019 | Newsletter Article
General contractor removed its roofing subcontractor’s equipment and materials from the job site based on alleged late performance, and it then terminated the roofer without following the contractually required notice requirements. Court held the GC interfered with...
by Kent Holland | Mar 26, 2019 | Newsletter Article
Subcontractor was 95 percent complete with its work when the general contractor (GC) made changes to the scope of work, failed to timely respond to change order requests, and failed to make payment of amounts then due under the subcontract. Without providing...
by Kent Holland | Mar 26, 2019 | Newsletter Article
Although contract between the general contractor (GC) and project owner required the contractor to assume supervisory and safety responsibility over the project, the contract also required the GC to require its subcontractors to assume the same responsibilities for...
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...
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