Piercing the Architectural Firm’s Corporate Veil

by Kent Holland | Dec 7, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC The sole shareholder/director/officer of an incorporated architectural firm was held jointly and personally liable to pay a judgment awarded against the corporation. The corporation was found to have been operated as the alter...

Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice

by Kent Holland | Oct 27, 2015 | Newsletter Article, standard of care

By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000 was not a breach of its contract. However, the firm’s...

AIA Contract Showed Architect’s Intent to Grant Owner an Implied License to Use Drawings

by Kent Holland | Oct 27, 2015 | Newsletter Article

By Gail S. Kelley ConstructionRisk, LLC Where in a case of alleged copyright infringement, the Defendant asked the Court to determine that it had an implied license to use drawings that the Plaintiff created for it before Defendant terminated its contract with...

When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit

by Kent Holland | Oct 27, 2015 | indemnification clause, Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...

“Or Equal” Vendor Can Sue Architect for Tortious Interference with Contract for Drafting Disguised Sole Source Specification and Rejecting Or Equal Bid

by Kent Holland | Oct 27, 2015 | Newsletter Article

By Kent Holland, J.D. ConstructionRisk, LLC A vendor/installer of artificial turf (FieldTurf) for athletic fields sued the architect of record that prepared bid specifications for a university that could not be met by that vendor but allegedly could be met only by a...

Liquidated Damages Imposed on Contractor Even Where Contract was Terminated for Convenience and There was No Proof of Actual Damages

by Kent Holland | Sep 1, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a contractor was late in performance, a town terminated the contract for convenience and subsequently claimed liquidated damages (LDs) against the contractor. Both the trial court and appellate court concluded that the...