Architect Not Responsible for Site Safety

by Kent Holland | May 28, 2024 | Newsletter Article

Where a subcontractor employee of the prime contractor was injured on a job site, it filed suit against the Architect, claiming negligence in preparation and approval of design plans and specifications, failure to adequately design, and failure to monitor and...

No Damage for Delay Clause Barred Subcontractor from Recovering Financial Damages for Accelerating its Work Due to Delay Caused by Others

by Kent Holland | Mar 15, 2024 | Newsletter Article

Subcontractor had a lump sum multimillion dollar contract.  A “no damages for delay” in the contract stated that the Subcontractor recognized the potential for its Work to be delayed by others and would not be compensated for any costs caused by such delay unless the...

Sovereign Immunity Protects Inspector from Wrongful Death Action by Family of Highway Construction Worker

by Kent Holland | Mar 15, 2024 | Newsletter Article

HNTB Corporation was working as an agent of the State of Florida on a highway construction project – performing as the Construction Engineering Inspector – inspecting the installation of smart electronic signage poles along I-10 corridor.  Its role was to oversee the...

Pay When Paid Clause Unenforceable

by Kent Holland | Mar 15, 2024 | Newsletter Article

Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment.  Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what...

Parties may contractually agree to extend a statute of limitations

by Kent Holland | Mar 15, 2024 | Newsletter Article

Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school.  About one year later, School District added Architect for defective...

Contractor’s Allegedly negligent construction was not “unlawful” under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. An Extension of the Statute of Re-pose Only Applies to “New” Defect

by Kent Holland | Feb 12, 2024 | Newsletter Article

By:  Joanne Dekker, J.D.,  ConstructionRisk, LLC Homeowners sued a construction contractor alleging that the Contractor had negligently constructed the house in such a manner that allowed significant water intrusion into the house causing continuous damage for a...