Multi-Employer Worksite Doctrine Inapplicable in Utah

by Kent Holland | Aug 11, 2014 | Newsletter Article

By J. Kent Holland, Esq ConstructionRisk Counsel, PLLC The Utah Supreme Court rejected the multi-employer worksite doctrine as incompatible with the governing Utah statute, holding, “The responsibility for ensuring occupational safety under the governing statute is...

Insurance Broker not Liable to its Client When Insurance Program Failed and was Put into State Receivership

by Kent Holland | Jul 8, 2014 | Newsletter Article

Where an insurance broker marketed and sold a self-insured workers compensation program for contractors (the Contractors Access Program of California (CAP)) that subsequently became financially insolvent and failed, leaving the contractors exposed to considerable...

Differing Site Conditions: Trial Necessary to Determine if Federal Contractor Entitled to Relief

by Kent Holland | Jul 8, 2014 | differing site conditions, Newsletter Article

A contractor on a U.S. Army Corps of Engineers project filed a complaint with the U.S. Claims Court, claiming it was entitled to equitable adjustment to its contract for additional costs and time due to encountering differing site conditions while dredging the Miami...

Prime Designers in California Held to Owe Duty to Future Purchasers

by Kent Holland | Jul 8, 2014 | Newsletter Article

Dion N. Cominos, Esq. Gordon & Rees LLP    The Supreme Court of California has now published its decision in Beacon v. Skidmore, Owings & Merrill (211 Cal.App.4th 1301 (2014)).  In short, the Court concluded that prime architects designing residential...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied.  This is due to breach of contract language requiring absolute code compliance.  The...

Guide to Architecture and Engineering Pre-Construction Meetings

by Kent Holland | Jun 16, 2014 | Newsletter Article

By R. Burns Logan, Esq. A few weeks ago I wrote an article on construction pre-construction meetings.  See article here. That article was intended to benefit contractors who are beginning work on a new project.  However, pre-construction meetings are also extremely...