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...

A Claim Under the Negligent Misrepresentation Exception to the Economic Loss Doctrine May Be Predicated on Implied Representations

by Kent Holland | Feb 9, 2016 | economic loss doctrine, Newsletter Article

This dispute concerned Pennsylvania’s application of the Economic Loss Doctrine and its interpretation of the exception allowed by Section 552 of the Restatement (Second) of Torts. Gongloff Contracting, L.L.C., (“Gongloff”) was a second-tier subcontractor on a...

A Condominium HOA Suit against Designer and Contractor Dismissed for Lack of Adequate Expert Testimony on Damages

by Kent Holland | Feb 1, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC A condominium homeowner association suit was dismissed on summary judgment, which was subsequently affirmed on appeal, because the experts failed to present detailed evidence and explanation of the various elements of the...