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...

Architect Liable to an Airport Maintenance Person who was Electrocuted While Working on an Electric Switchgear Box that had No Warning Labels

by Kent Holland | Dec 28, 2012 | Newsletter Article

Approximately four or five years after completion of the Hilton Hotel at the Boston Logan Airport, an employee of the airport authority was electrocuted while attempting to repair an electrical transformer that lacked required wiring diagrams and warning signs.  The...

Federal Contracts: Attorneys Fees Incurred for REA Preparation and Negotiation are Allowable Says U.S. Court of Appeals in Tip Top Construction

by Kent Holland | Dec 10, 2012 | Newsletter Article

Article by J. Kent Holland – ConstructionRisk Counsel, PLLC In an important decision clarifying that attorneys fees incurred by a contractor in preparing and negotiating a change order or Request for Equitable Adjustment (REA) are allowable to be directly charged to...

Connecticut Supreme Court Reaffirms State’s Immunity from Statutes of Limitation

by Kent Holland | Nov 27, 2012 | Newsletter Article

Timothy Fisher, Esq.; McCarter & English — In a decision followed closely by the construction industry, Connecticut’s Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the...

Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable

by Kent Holland | Nov 27, 2012 | indemnification clause, Newsletter Article

Where design professionals agree by contract to indemnify a project owner for “any damages arising from any act, omission, or willful misconduct”, that provision cannot be enforced when the damages at issue arise out of violations of the Americans with Disabilities...