Owner Allowed to Sue Design Subconsultant Despite Lack of Contractual Privity

by Kent Holland | Apr 25, 2016 | Newsletter Article

Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC In an effort to revitalize a waterfront area along Lake Michigan, the City of Whiting, Indiana hired an engineering firm to design a lakefront park and marina. The Engineer, in turn, hired a Subconsultant to serve as...

Actual Malice Is Not Required For Claims of Tortious Interference With Contractual and Advantageous Relations

by Kent Holland | Apr 25, 2016 | Newsletter Article

Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC The plaintiff in this case, Barr Incorporated, was the general contractor (GC) on a project in Berlin, Massachusetts. After being terminated from the project based on a certification from the Architect, the GC sued the...

90 Day Deadline for Filing Appeal to Civilian Board of Contract Appeals Strictly Enforced

by Kent Holland | Apr 21, 2016 | Newsletter Article

Contractor filed an appeal electronically (via email) at 4:35 p.m. Eastern Time on the 90th day following receipt of a contracting officer’s decision. The Board dismissed the appeal, concluding that it lacked jurisdiction because the appeal was filed five (5) minutes...

Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries

by Kent Holland | Feb 10, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC Summary judgment was granted and sustained on appeal for all defendants in this case where three employees of a contractor were injured when scaffolding failed under the weight of a concrete slab that was being poured. The...

Architect’s Copyright Infringement Case Dismissed because no Evidence of Substantial Similarity

by Kent Holland | Feb 10, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC Where two architects competed for the design of a condominium building, the unsuccessful prospect sued the chosen architect for copyright infringement of its design, claiming the architect had copied the design and had...

Architect Not Liable for Implied Warranty of Habitability

by Kent Holland | Feb 9, 2016 | Newsletter Article

Problems developed at a condominium complex several years after construction because air and water infiltration was damaging interior flooring and finishes. The condominium association filed suit against a number of the parties involved in the design and construction...