Contractor Not Responsible for Foundation Failure Since Change Order Revised the Design

by Kent Holland | Dec 19, 2016 | Newsletter Article

Where a contractor sought a request for clarification to the project architect concerning whether rebar was to be tied from the floor slab to the pile caps, the architect responded with a clarification, that ultimately became a change order, directing the slab rebar...

Why A/E Firms Should Opt to Litigate instead of Arbitrate

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: Terrence M. McShane, Esquire Lee & McShane, PC Among the critical clauses in design professional contracts are the Dispute Resolution Clauses. For over twenty years, we have advised our clients to opt for Litigation rather than Arbitration as a means of...

Virginia Workers’ Compensation Act Strictly Enforced to Bar Personal Injury Claim against a Subcontractor by an Injured Employee of General Contractor

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: J. Kent Holland ConstructionRisk, LLC The U.S. Federal District Court lacked subject matter jurisdiction over a suit by a general contractor’s employee against a construction subcontractor who was engaged in the general contractor’s trade, business and occupation....

Appeal Filed with the Civilian Board of Contract Appeals by Subcontractor Allowed to Go Forward in Name of Prime Contractor

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: J. Kent Holland ConstructionRisk, LLC Where an appeal from an adverse contracting officer’s final decision was filed with the United States Civilian Board of Contract Appeals (CBCA) directly by the affected subcontractor instead of by the prime contractor that...

Design Firms Held Unaccountable for Failing to Design in Compliance with ADA and FHA Requirements: Project Owner Cannot Sue for Breach of Contract or to Enforce Indemnity Obligations

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....

Contractor not Excused from Violating Building Code Even if Homeowner Directs Him to Violate the Code

by Kent Holland | Jun 14, 2016 | Newsletter Article

Kent Holland, Jr. ConstructionRisk, LLC Where a homeowner directed its roofing contractor to perform work in a manner that violated the building code, the contractor was nevertheless liable for a per se violation of the code. The homeowner’s waiver of the code...