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...

Homeowner Recovers from Individual Owner of a Limited Liability Company

by Kent Holland | Mar 3, 2014 | Newsletter Article

The protection afforded to individuals who own solely, or with a small group, a limited liability company (LLC) is one of the key reasons that people incorporate such companies.  From time to time, however, we see court decisions that either pierce the corporate veil,...

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...