Court Holds New Jersey Affidavit of Merit must be from Like-Licensed Professional

by Kent Holland | Sep 1, 2015 | Newsletter Article, standard of care

Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional negligence claims against design professionals. These laws, which evolved...

Private Engineering Firm that Functioned as City Engineer Entitled to Official Immunity

by Kent Holland | Sep 1, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a city retained a private engineering firm to perform the services of “City Engineer,” including to “provide planning, design, and construction related services for public improvement projects.” Acting as city engineer,...

Indemnity Clause Void & Unenforceable Because Sub was not Sole Cause of Damages

by Kent Holland | Sep 1, 2015 | indemnification clause, Newsletter Article

Kent Holland ConstructionRisk, LLC On a condominium project, where an indemnification clause on its face made a subcontractor responsible for indemnifying the prime contractor for damages caused “in whole or in part” by the subcontractor, it was held that the state’s...

Economic Loss Rule Bars Concrete Supplier’s Claim Against Design Engineer

by Kent Holland | Sep 1, 2015 | Newsletter Article

Gail S. Kelley, J.D., PE ConstructionRisk, LLC In a dispute arising from defective concrete, State Ready Mix, Inc. v. Moffatt & Nichol, 232 Cal.App.4th 1227 (2015), the Appeals court found that the economic loss doctrine barred the concrete supplier’s claim...

Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

by Kent Holland | Aug 18, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where the employee of a roofing subcontractor died after falling from the roof of a Walmart being constructed in Nebraska, Walmart was not liable for the worker’s death under any of the exceptions to the...

Construction Defect Inspector Protected Against Contractor Defamation Suit

by Kent Holland | Aug 18, 2015 | Newsletter Article

Kent Holland ConstructionRisk, LLC Where homeowners retained an inspection firm to investigate the cause of their leaky roof, the inspector issued a report stating that the roof had been installed years earlier over fiberboard roof insulation that was soaking wet,...