Certificate of Merit Required with Complaint – Or Case Dismissed With Prejudice

by Kent Holland | Feb 17, 2014 | Newsletter Article

Many states require that when a complaint is filed against a design professional, an affidavit of an expert must be filed simultaneously (or within a short period thereafter) stating that in the opinion of the expert the defendant design professional failed to meet...

Federal Circuit Reverses Metcalf v. U.S.

by Kent Holland | Feb 17, 2014 | differing site conditions, Newsletter Article

Holds Government Cannot Bar Differing Site Conditions Claims with Broad Disclaimer Language, AND Government is Bound by a Broad Duty of Good Faith and Fair Dealing In a major victory, not only for the contractor, but also for historic federal contract principles, the...

Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim

by Kent Holland | Jan 31, 2014 | differing site conditions, Newsletter Article

On a contract for a renovation and asbestos removal in a state office building, the contractor claimed there was a differing site condition making asbestos removal more difficult than anticipated.  The Supreme Court of Alaska held that the contractor could have...

CGL Policy May Cover Damage to the Insured Contractor’s Own Work and Breach of Warranty is a Potentially Covered Occurrence

by Kent Holland | Jan 30, 2014 | Newsletter Article

A question often arises whether there is insurance coverage under a commercial general liability (CGL) policy for damage the insured contractor’s own work.  Many states require that there is no insurable  “occurrence” under a CGL policy unless there has been damage to...

On a Design-build Procurement, a Bidder was Rejected because One of its Key Personnel Participated in the Earlier Preparation of the Bridging Documents

by Kent Holland | Jan 30, 2014 | Newsletter Article

The New Jersey Schools Development Authority rejected, as nonresponsive, a bidder’s technical proposal on a design-build contract for a new school because a key team member of the bidder (the Project Architect) was involved in the previous development of the design...

Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract

by Kent Holland | Jan 30, 2014 | Newsletter Article

By James Rhodes & Kent Holland A federal district court in Pennsylvania ruled that the insurer of a hotel’s second owner could advance a negligence action against the general contractor for alleged code violations that may have contributed to a fire.  Ultimately,...