Engineer Owed Independent Duty to a Construction Contractor to Provide Design Specifications That Do Not Cause Delays and Disruptions

by Kent Holland | Feb 18, 2013 | Newsletter Article

Where a project owner assessed liquidated damages against its construction contractor for untimely completion, the contractor filed a claim against the project engineer asserting that the delay was due to defective plans and specifications, and also that the...

Condominium Association Barred by Economic Loss Doctrine from Suing Consultant for Repair Costs, and Lacks Third Party Beneficiary Rights to Sue the Consultant for Breach of Warranty

by Kent Holland | Feb 18, 2013 | Newsletter Article

Where construction defects caused significant repair costs, a condominum association at Stratton Mountain (along with the project developer) sued and settled with the construction contractor for the defects for over $7 million but then incurred more than that in...

Attorneys Fees Recovered to Enforce Indemnity Agreement

by Kent Holland | Dec 28, 2012 | indemnification clause, Newsletter Article

A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract.  Often the law of the state where the project is performed is selected as the governing law.  It...

The Unrelenting Tide of the Duty to Defend

by Kent Holland | Dec 28, 2012 | duty to defend, Newsletter Article

By Brian K. Stewart, Esq. and Kevin J. Engelien, Esq.– Collins Collins Muir & Stewart, LLP.  The immediate contractual duty to defend, once thought by some to be isolated to the “not so golden anymore” state of California as a result of two important court...

Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract

by Kent Holland | Dec 28, 2012 | Newsletter Article

It can be a perplexing issue whether a project owner that believes its contractor or design professional has breached its contract due to defective work or faulty performance can sue under a theory of negligence as well as for breach of contract.  Where the alleged...

Damages Not Recoverable Where Homeowner Failed to Prove the Reasonableness of Remedial Damages Incurred or the Difference-In-Value Damages

by Kent Holland | Dec 28, 2012 | Newsletter Article

Although construction defects caused water leaks that resulted in mold growth that required major remediation of a newly constructed house, the homeowner was denied damages by a court because it failed to prove that the remediation costs it paid were reasonable, and...