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...

The “Your Work” Exclusion in CGL Policy Barred Coverage for Replacing Brick Wall Due to Defective Application of Joint Tape to the Underlayment Board

by Kent Holland | Jan 14, 2015 | Newsletter Article

A subcontractor’s CGL policy  was held not to cover costs for removing  and replacing  a brick wall due to defective  installation  of joint  tape that had been used by the subcontractor  to seal the blue board insulation  before  constructing  the brick wall....

Court Applies ‘Professional Liability Exclusion’ So Had No ‘Duty to Defend’ Architect Under CGL Policy

by Kent Holland | Jan 14, 2015 | duty to defend, Newsletter Article, professional liability exclusion

By James Rhodes, Esq. ConstructionRisk Counsel, PLLC Introduction A federal appeals court, applying Louisiana law, held that an insurer did not owe a duty to defend its insured, an architect, in a suit by the architect’s former client. The court explained that...

Liquidated Damages Found to be Unenforceable Penalty; but Waiver of Differing Site Conditions Claim was Enforced

by Kent Holland | Jan 14, 2015 | differing site conditions, Newsletter Article

Contractor brought suit seeking additional compensation for costs resulting from differing site conditions and alleged inaccurate site plans.  The Owner counterclaimed for liquidated damages based on delayed completion, being a 397 day delay at $700/day. The court...

Economic Loss Doctrine Bars Negligence Claim Arising out of Breach of Contract

by Kent Holland | Jan 14, 2015 | economic loss doctrine, Newsletter Article

Where a condominium association filed suit asserting negligence claims against the general contractor that built the complex, alleging defective workmanship including deficient masonry work and use of unauthorized black building paper in place of specified...

Economic Loss Doctrine Bars Claim against Engineer Individually

by Kent Holland | Dec 17, 2014 | economic loss doctrine, Newsletter Article

By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Where a project owner filed suit against both the engineering firm, and the individual engineer that designed a post foundation for a fabric-roofed farm building, the negligence action against the individual...