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...

Choice of Law and Forum Selection Clause in Design Subcontract Unenforceable in California

by Kent Holland | Feb 1, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC On a California project, where an architect’s agreement with its landscape design subconsultant called for all disputes to be resolved by the courts in Texas, applying Texas law, a California appellate court held the forum...

Cosmetic Defects Found To Be Basis For Termination Of Contractor For Default

by Kent Holland | Feb 1, 2016 | Newsletter Article

By MATTHEW DEVRIES, posted in BEST PRACTICES, CASE LAW, CLAIMS AND DISPUTES on December 9, 2015. In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract.  In other words, the event...

Contractor’s Defamation Suit against Inspector Dismissed due to Conditional Privilege to Advise Owner Concerning Contractor’s Work

by Kent Holland | Feb 1, 2016 | Newsletter Article

J. Kent Holland ConstructionRisk, LLC A homeowner hired a firm to investigate the cause of their leaky roof, and based on the investigator’s report that the roof had been installed over soaking wet fiber-board roof insulation, the homeowner sued the roof...

Developer is Third Party Beneficiary of Window Manufacturer’s Warranty but Economic Loss Doctrine Prevents Recover of Consequential Damages

by Kent Holland | Jan 13, 2016 | economic loss doctrine, Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...