CGL Policy not required to indemnify a judgment against a general contractor – Professional Liability Exclusion and the “Your Work” Exclusions Applied

by Kent Holland | Feb 19, 2025 | Newsletter Article

Where a swimming pool construction contractor built a multi-million dollar “floating floor pool, it designed a system based on information found on YouTube.  When completed, the pool floor wouldn’t raise evenly.  It jammed inside the pool shell and each time it was...

Condo Owners Sue Condo Association for Breach of Contract for Failing to Repair Defective Foundations to their Units (6 year statute of limitations applied)

by Kent Holland | Feb 19, 2025 | Newsletter Article

Where the foundations under several condominium style townhouses settled and caused damage, the unit owners sued the condo association for failing to do necessary repairs.  The court dismissed the tort claim that asserted that the foundations were negligently...

Contract Clauses for Dealing with Costs from New Laws and Actions Regarding Tariffs and Deportation

by Kent Holland | Jan 31, 2025 | Newsletter Article

A clause I reviewed in a recent contract protects the design-builder against having to incur cost overruns due to changes in (1) laws, (2) new tariffs that increase prices for materials, and (3) labor shortages due to deportation of undocumented workers). “A Change...

Only General Contractor (and not Project Owner) had Additional Insured Status Under a Subcontractor’s CGL Policy

by Kent Holland | Jan 31, 2025 | Newsletter Article

Project owner entered into a general construction contract with a GC for construction services.  The GC then entered into a subcontract requiring the subcontractor to indemnify and hold harmless the GC and the Owner, and also required the subcontractor to maintain a...

Owner’s Standard of Care Expert Failed to Identify the Standard of Care and Failed to Explain How Designer Violated the Standard

by Kent Holland | Jan 31, 2025 | Newsletter Article

Trial court granted summary judgment for architect because project owner’s expert witness failed to define the standard of care and state how the architect failed to meet the standard.  The Owner’s complaint alleged that the architect failed to provide services with...

Indemnification Obligation is Premature if Negligence is not Demonstrated

by Kent Holland | Dec 30, 2024 | Newsletter Article

Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...