Statute of Repose Bars Homeowner Suit against Contractor for Work Performed More than 10 Years Before Suit

by Kent Holland | Jan 13, 2016 | Newsletter Article

Kent Holland, J.D. A homeowner’s negligence suit against a contractor for construction defects resulting in water damage to the home was held to be untimely because it was filed more beyond the 10 year period established by the state’s Statute of Repose. Every winter...

Architect not Liable to Home Purchaser for Economic Losses Caused by Failed Sewage Disposal System that Architect Certified to Local Government as Meeting Permit Requirements

by Kent Holland | Jan 13, 2016 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a homeowner sued an architect for negligent misrepresentation and violation of the Consumer Protection Act (CPA) based on the fact that the architect prepared and submitted a certification to the local government as...

Engineer’s Lien Effective only from Date Filed, and did not Relate Back to Beginning of Construction

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC An engineer’s lien that was filed two years after commencement of the contractor’s construction of a project was not entitled to priority over a mortgage holder’s lien that was filed when construction first commenced. The...

Termination for Convenience Clause does not require Reason for Termination or Render Contract Illusory

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. Where a subcontractor sued the prime contractor for wrongfully issuing a termination for convenience, the trial court found in favor of the prime contractor, concluding that as a convenience termination a prime is not required to have a reason...

Only Jury (and not the trial judge) Can Use the Parties’ Course of Dealings to Determine the Meaning of an Ambiguous Contract

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. A trial court erred when it considered the course of dealings of the parties to determine the meaning of a design professional contract, and then issued a jury instruction advising the jury that the contract was not ambiguous. As a result, a $2...

Contractor’s Code Violation Does Not Create Negligence Cause of Action by Subsequent Homeowner

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, Esq. A subsequent (non-original) homeowner may not bring a negligence suit against a homebuilder for economic losses arising from latent construction defects when there has been no physical injury to persons or property. The builder’s violation of a...