by Kent Holland | Oct 4, 2012 | Newsletter Article
A construction manager (CM) is not liable for injuries suffered by a contractor’s employee where the CM’s contract with the project owner did not establish CM contractual responsibility for jobsite safety and where (1) the contractor’s contract with the Owner stated...
by Kent Holland | Jul 26, 2012 | Newsletter Article
A project developer engaged an insurance broker to obtain insurance for a new construction project, and the broker placed an Owner Controlled Insurance Program (OCIP) with $25 million of liability coverage for 10 years after completion of the project that later became...
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...
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...
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...
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...
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