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...

Who has Responsibility for Jobsite Safety is Determined by Contract Language

by Kent Holland | Jun 16, 2017 | Newsletter Article

By: David B. Vornehm, Esq., and Sean T. Devenney, Esq. Drewry Simmons Vornehm, LLP When it comes to determining who is responsible for jobsite safety, CONTRACTS ARE IMPORTANT. That is the “take-home lesson” from the recent Indiana Supreme Court decision in Michael...

Encountering Soil Conditions Differing from data in Government Provided Geotechnical Report Entitled Design-Builder to Differing Site Condition Recovery (ASBCA Decision)

by Kent Holland | Jun 1, 2017 | differing site conditions, Newsletter Article

Geotechnical, Saturated Soil, Geotechnical Report, Metcalf Construction During site excavation, a design-build contractor encountered a large quantity of unsuitable soils, and this required remediation before foundation work could commence for a building. In this...

Professional Liability Exclusion in CGL Policy Bars A/E from GCL Additional Insured Coverage for Laborer’s Injuries From Alleged Failure to Plan for Safe Removal of Digester Tank Lid

by Kent Holland | Jun 1, 2017 | Newsletter Article, professional liability exclusion

Sparks from a cutting torch being used to remove bolts from a wastewater digester tank ignited a methane gas explosion that killed an employee of a construction subcontractor and injured an employee of another subcontractor. Both subcontractor’s were required by their...