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...

Condo Complaint Alleging Fraudulent Concealment of Construction Defects Tolled Statute of Limitations for Misrepresentation Claim

by Kent Holland | Jun 14, 2016 | Newsletter Article

Kent Holland, Jr. ConstructionRisk, LLC A condominium association sued the developer and contractor that constructed and sold the condominium complex. Some of the condo units experienced water seepage and resulting damage. An expert determined that water was entering...

It Still Hurts – DOL’s Revised, Final Rule on Overtime Doubles Minimum Salary Level Starting December 1, 2016

by Kent Holland | Jun 14, 2016 | Newsletter Article

Paul A. Wilhelm, Esq. Clark Hill, PLC On May 18, 2016, the Department of Labor (“DOL”) issued its long-awaited Final Rule for overtime exemptions, focusing on the “white collar” exemptions (executive, administrative, professional and certain...

Only A Bona Fide Patron Of A Business Can Bring An ADA Suit, Maryland Court Holds

by Kent Holland | Jun 14, 2016 | Newsletter Article

Minh N. Vu Seyfarth Shaw LLP Seyfarth Synopsis:  In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA. As we’ve reported before, the...

Contract Negotiation Tip of the month: Prevailing Party Clauses

by Kent Holland | Apr 26, 2016 | Newsletter Article

Contract Negotiation Tip of the month:  Avoid including prevailing party clauses in contracts.  But if your contract must include one, be sure to define the term “prevailing party.” Many contracts include a clause in the disputes provision of the agreement...

Contractor that is Individual Member of LLC has no Personal Liability for Negligence as a “Professional”

by Kent Holland | Apr 25, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC An individual who is a licensed contractor is not deemed a “professional” that owes an independent duty of care outside of the contractual obligations of the limited liability company (LLC) that signed a contract with a...