Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties

by Kent Holland | Oct 24, 2018 | Newsletter Article

Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...

Contractor Entitled to Summary Judgment against Project Owner’s Negligence Claim where Contractor had no Design Responsibility for Disc Filter Equipment Provided by its Vendor pursuant to the Project Specifications

by Kent Holland | Oct 24, 2018 | Newsletter Article

Where a town sued its general contractor (Penta Corporation) based on failure of its subontracted vendor/supplier’s equipment to perform as required by the project, the contractor was entitled to summary judgment because it did not design the equipment in question and...

Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work

by Kent Holland | Oct 24, 2018 | Newsletter Article

Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and administer the project according to industry standards thereby impeding...

Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed

by Kent Holland | Oct 24, 2018 | Newsletter Article

Breach of contract limited warranty was the only legal theory homeowner could pursue against builder. The negligence count was dismissed by the court as being duplicative of the breach of contract count and based on the exact same facts as what constituted the breach...

An Engineering Intern Could not be Liable for Professional Negligence

by Kent Holland | Oct 24, 2018 | Newsletter Article

A developer filed suit against an engineering firm, two licensed engineers and one engineer intern. The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed...

Design Professional Duty to Mitigate Against Storm and Flood damage

by Kent Holland | Oct 24, 2018 | Newsletter Article

Extreme weather events, such as hurricanes and excessive rains causing severe flooding, seem to be increasingly in the news and on the public’s mind. This briefing addresses the legal and ethical responsibilities that design professionals must consider with respect to...