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,...

Expert Certificate Requirement Not Necessary Under Maryland Law for Alleging Negligence Of An Engineering Firm For the Actions of a Non-Engineer Employee

by Kent Holland | Nov 14, 2013 | Newsletter Article

The Maryland Court of Appeals held that a company’s suit against an engineering firm could go forward without an expert certificate because the complaint did not necessarily allege any negligence of a licensed professional involving specialized professional knowledge....

Application of Economic Loss Doctrine Limited to Contracting Parties Under Arizona Law

by Kent Holland | Nov 14, 2013 | Newsletter Article

The Arizona Supreme Court held that the “economic loss doctrine” did not prevent a homeowner from pursuing economic damages for negligence against the home’s builder because there had never been a contract between the parties. Generally speaking, the economic loss...

A/E Statutory Duty to Safeguard Public Safety and Welfare Does not Establish a Duty of Care Owed to Specific Condominium Purchasers

by Kent Holland | Oct 29, 2013 | Newsletter Article

Suit by Condominium Owners Association (COA) against consulting firm that prepared a property condition assessment (PCA) was dismissed by court on summary judgment motion for failure to show that consultant owed a duty of care to the condominium owners who purchased...

AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld

by Kent Holland | Oct 29, 2013 | Newsletter Article, time limits

Where a hotel developer agreed by contract with its builder to limit the time for filing suits to four years following substantial completion, a California court of appeal held that this did not conflict with public policy.  Parties are permitted the freedom of...