Individual Member of LLC is Subject to Personal Liability for His Negligent Acts

by Kent Holland | Jul 26, 2012 | Newsletter Article

A member of a limited liability company can be held personally liable for his negligent acts that were committed in furtherance of the company’s construction business.   The LLC entered into a contract to build a small condominium project.  The sole owners of the LLC...

Architect Entitled to Recover Damages under Theories of Unjust Enrichment and Quantum Meruit

by Kent Holland | Jul 20, 2012 | Newsletter Article

Damages were awarded by a court to an architect despite the fact that the architect performed design services for a condominium project being developed by his friend, a lawyer, without having a signed contract, and despite the fact that some of the services were...

Plaintiff Only Entitled to Damages That It Would Incur if it had Mitigated its Loss

by Kent Holland | Jul 20, 2012 | Newsletter Article

Where a developer purchased property in reliance on an architect’s erroneous advice and incorrect plans that six new floors could be added to an existing building consistent with the applicable zoning laws, it could only recover damages actually incurred as a...

Indemnification Clauses: Uninsurable Contractual Liability

by Kent Holland | Jul 19, 2012 | indemnification clause, Newsletter Article

Professional consultants are judged by whether or not they satisfied the professional standard of care (i.e., were not negligent in the performance of their services). That is what is covered under a professional liability policy; therefore, it is critical that the...

Engineer Owes No Duty to Developer Who Claim Third Party Beneficiary Rights to Services Engineer Performed as Subdivision Inspector for Town

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland A professional employed by a town to inspect the construction of a subdivision does not owe a duty of care to a developer or its contractor with whom the professional has no contractual relationship where it was not foreseeable and reasonable for the...

Workers Compensation Experience Rating Formula To Change

by Kent Holland | Jul 18, 2012 | Newsletter Article

Phil Galbraith The National Council on Compensation Insurance (NCCI) has announced changes in the formula that is used to calculate experience modifiers for employers in most states. Specifically, the primary/excess split point will be incrementally increased from the...