Property Owners Can Pursue Negligence Actions Against Contracted Engineer Under Washington State’s ‘Independent Duty Doctrine’ (Variation on ‘Economic Loss Rule’)

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC The Supreme Court of Washington applied the state’s “independent duty doctrine” to allow a professional negligence and a negligent misrepresentation action to move forward by residential property owners against their...

Additional Insured Does Not Lose Right to Coverage Based on Named Insured’s Failure to Provide Notice of Claim to Carrier

by Kent Holland | Apr 8, 2014 | Newsletter Article

Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...

Economic Loss Doctrine Does Not Apply to Negligent Misrepresentation Claims

by Kent Holland | Mar 4, 2014 | Newsletter Article

Contractor asked the court to apply the economic loss doctrine to dismiss an action that alleged negligent misrepresentation concerning the contractor’s services to construct a pre-engineered building to serve as a personal and business location, and to do so in a...

Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect

by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits

School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building.  The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...

Engineer Can be Sued for Breach of Warranty of Professional Services

by Kent Holland | Mar 4, 2014 | Newsletter Article, standard of care

Pulte Homes sued the engineering firm that performed certain engineering and testing services for a building site on which it built a home.  It alleged that the home developed structural problems after construction due to deficiencies in the engineer’s site work and...

Plaintiff Has Right to Sue Subcontractor When Prime Becomes Insolvent

by Kent Holland | Mar 4, 2014 | Newsletter Article

Where a condominium association filed suit against the general contractor for breach of implied warranty of habitability due to alleged faulty construction, the contractor was determined by a court to be insolvent, and under state law this permitted the plaintiff to...