Implied Warranty of Habitability Extends only to Original Purchaser of Home, says Pennsylvania Supreme Court

by Kent Holland | Mar 23, 2015 | Newsletter Article

Where the second purchasers of a home sued the builder asserting a breach of implied warranty of habitability, a 2012 Pennsylvania Superior Court decision held that despite the lack of privity of contract between the parties, public policy dictated that the subsequent...

Contractor’s Duty to Seek Clarification of Ambiguity in Specifications; Architect’s Decision on Dispute is Final

by Kent Holland | Mar 23, 2015 | construction contract tips, Newsletter Article

In a dispute involving whether a subcontractor satisfied the contract plans and specifications when it installed escalators for an airport expansion project, the appeals court held that because the subcontractor (Otis Elevator) was aware of an ambiguity concerning the...

“Pollution Exclusion” in CGL Policy Enforced to Bar Recovery for Injuries from Contractor’s use of a Concrete Sealant

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: J. Kent Holland, Jr., Esq., ConstructionRisk Counsel, PLLC A federal appeals court vacated a district court ruling and found that the pollution exclusion in a commercial general liability (CGL) policy precluded a contractor from seeking defense and indemnification...

No Damages for Delay Clause Held Unenforceable as Against Public Policy

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...

Protests Up & Sustains Down – A Brief Review of GAO’s FY 2014 Bid Protests

by Kent Holland | Feb 23, 2015 | Newsletter Article

By Derek R. Mullins, Esq., Sheppard Mullin law firm. (http://www.sheppardmullin.com/) This article is reprinted with permission from the Sheppard Mullin Quarterly Review. On November 18, 2014, the U.S. Government Accountability Office (“GAO”) published its Annual...

Condo Owners Cannot Sue Original Builder for Implied Warranty: Economic Loss Rule Applied

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., Esq., ConstructionRisk Counsel, PLLC Where a condominium homeowners’ association brought claims for breach of implied warranty and negligence against the general contractor that built the condominiums, but not the developer who engaged the...