Pay When Paid Clause Unenforceable

by Kent Holland | Mar 15, 2024 | Newsletter Article

Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment.  Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what...

Parties may contractually agree to extend a statute of limitations

by Kent Holland | Mar 15, 2024 | Newsletter Article

Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school.  About one year later, School District added Architect for defective...

Contractor’s Allegedly negligent construction was not “unlawful” under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. An Extension of the Statute of Re-pose Only Applies to “New” Defect

by Kent Holland | Feb 12, 2024 | Newsletter Article

By:  Joanne Dekker, J.D.,  ConstructionRisk, LLC Homeowners sued a construction contractor alleging that the Contractor had negligently constructed the house in such a manner that allowed significant water intrusion into the house causing continuous damage for a...

Safety Manager Granted Summary Judgment against Personal Injury Claim for Steel Tubing Falling Through Sidewalk Bridge Not Built in Conformance with Plans

by Kent Holland | Feb 12, 2024 | Newsletter Article

An individual walking on a sidewalk next to a building being constructed in New York City suffered injuries when a section of steel tubing that was being hoisted fell onto him from 11 stories up.  It fell through a three-foot gap between the building and a sidewalk...

Homeowner action against Window Manufacturer Dismissed Pursuant to Economic Loss Doctrine

by Kent Holland | Feb 12, 2024 | Newsletter Article

A homeowner who purchased a home 10 years after it was built for the original owner, filed suit alleging negligence, products liability and breach of warranty against the home builder and the window manufacturer, alleging that defective windows caused water damage to...

Incorporation by Reference Clause Did Not Flow Down Prime Contract Insurance Provisions to the Subcontractor

by Kent Holland | Jan 4, 2024 | Newsletter Article

Where Owner argued that it was covered as an Additional Insured under a Subcontractor’s CGL policy, the court held that the subcontract required only that the Prime Contractor be named as an additional insured, and because no one is an additional insured unless a...