EPA’s “Final” Rule on ASTM Phase I Environmental Site Assessments

by Kent Holland | Feb 26, 2014 | Newsletter Article

By:  Steven D. Urgo, Esq. White & Williams For insurers, lenders, and those in the real estate business, Phase I Assessments have often been used as a gatekeeper for commercial transactions.  This gatekeeper role originated in 2002, when CERCLA was amended to...

Contractual Liability Exclusion in CGL Policy Does Not Bar Coverage for Damages Arising out of Contractor’s Breach of Contract

by Kent Holland | Feb 17, 2014 | Newsletter Article

A contractor entered into an AIA standard form construction contract with a project owner to build additions to a school, including construction of tennis courts.  After the courts were completed they began flaking, crumbling, and cracking – making them unusable.  The...

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...