by Kent Holland | May 24, 2023 | Newsletter Article
Where a state law requires engineers to designate a full-time person or “manager” as being in “responsible charge” of engineering activities, the state agency responsible for administering the statute found an engineer in violation because it used a used an...
by Kent Holland | May 24, 2023 | Newsletter Article
Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work. In New Jersey no...
by Kent Holland | Mar 14, 2023 | Newsletter Article
Homeowner whose house was damaged by a landslide filed negligence lawsuit against a geotechnical engineer who performed a Geotech investigation for the homebuilder/contractor. The contractor was out of business and couldn’t be sued. Trial court dismissed the lawsuit...
by Kent Holland | Mar 14, 2023 | Newsletter Article
Foundation subcontractor sought extra payment for alleged differing site conditions related to rock found in the excavation area. The geotechnical report provided by the contractor showed several boring holes with this type of hard rock. But an email from the...
by Kent Holland | Mar 14, 2023 | Newsletter Article
Gail S. Kelley, P.E., J.D. Termination of a contract for default can have significant consequences for a Contractor. In addition to the loss of work and loss of potential profit on the project, the Contractor may be liable for the Owner’s costs to complete the...
by Kent Holland | Feb 14, 2023 | Newsletter Article
The University filed a complaint against a HVAC contractor based on faulty workmanship. Deciding that the complaint was barred by the state statute of repose, the trial court granted summary judgment to the contractor. This was affirmed on appeal – with the court...
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