Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract

by Kent Holland | Jul 26, 2017 | indemnification clause, Newsletter Article

By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...

Government Can’t Use Contract’s General Disclaimer of Reliance on Site Information to Deny Differing Site Condition Claim (Metcalf v. U.S. precedent)

by Kent Holland | Jul 26, 2017 | differing site conditions, Newsletter Article

By: J. kent Holland, Jr. The U.S. Army denied a differing site condition claim of its contract that allegedly encountered subsurface rock conditions as well as ground water conditions, differing materially from what was represented in a geotechnical report provided to...

Essential to Engage Your Insurance Broker to Review Additional Insured Endorsement Requirements in Contracts

by Kent Holland | Jul 26, 2017 | Newsletter Article

By: Michael Herlihy, ARM, CRIS – Ames & Gough As discussed in the April, May and June editions of Construction Risk.com Reporter, the New York Supreme Court ruling in Gilbane Building Co./TDS Construction Corp. vs. St. Paul Fire and Marine Insurance/Liberty...

Economic Loss Doctrine Bars Claim against Designer by a Third Party Seeking Purely Economic Losses

by Kent Holland | Jun 16, 2017 | economic loss doctrine, Newsletter Article

By J. Kent Holland, Jr., Esq. The Maryland Court of Appeals applied the economic loss doctrine to bar a claim against an engineer by a general contractor seeking to recover economic losses based upon reliance on allegedly defective designs. In the absence of...

Additional Insured—Owners, Lessees or Contractors—Automatic Status for Other Parties When Required in Written Construction Agreement (CG 20 38 04 13)

by Kent Holland | Jun 16, 2017 | Newsletter Article

By: Craig F. Stanovich, Principal – Austin & Stanovich Risk Managers, LLC This 2013 endorsement broadens, in certain circumstances, the person or organization that will automatically be granted the status of an additional insured. Its purpose is to include...

Contractor Not Liable for Costs to Correct Wooden Decking that was installed per the Design Specifications but was Inappropriate for the Climate and Location

by Kent Holland | Jun 16, 2017 | Newsletter Article

By J. Kent Holland, Jr., Esq. Contractor installed pine wood decking renovating the front porch of a historical building. The project owner, who was also an architect, insisted on the use of pine despite the contractor’s “repeated recommendations to use a different...