Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay

by Kent Holland | Mar 28, 2012 | Newsletter Article, time limits

Where a general contractor failed to follow contract procedures to submit a time extension request, a city was entitled to collect liquidated damages from the contractor despite the fact that the city caused the delay.  Since the contractor failed to follow the...

Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees

by Kent Holland | Mar 28, 2012 | Newsletter Article

The general rule that that employees of an independent contractor that are injured in the workplace cannot sue the party that hired the contractor to do the work applies even when the party that hired the contractor failed to comply with workplace safety requirements...

The Expanding Reach of the Crawford Decision and the Impact On Construction Indemnity Agreements

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

By:  Michael D. Wilson, Jr. Gordon Rees, LLP 275 Battery Street Suite 2000 San Francisco, CA 94111 (415) 986-5900 In the period since the California Supreme Court published the seminal decision in Crawford v. Weathershield  (“Crawford”) and refused to consider or...

Framing Subcontractor Is Not Liable Under Multi-Employer Worksite Doctrine for HVAC Subcontractor Employee’s Injuries Where Contractor Caused the Condition But Did Not Control It At Time Employee Intentionally Assumed Risk by Its Actions

by Kent Holland | Mar 20, 2012 | Newsletter Article

An employee of an HVAC subcontractor, while working on a house, fell to his death from the third floor to the basement through an open stairwell.  The framing of the house had been completed three weeks earlier by the framing contractor who left an unprotected hole in...

Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed

by Kent Holland | Mar 16, 2012 | Newsletter Article

Although the 3 year statute of limitations for professional malpractice typically begins to run from the date of completion of the professional services rather than the subsequent date of construction completion,  the New York Supreme court found the time for filing...

Statute of Limitations in Action against Engineer was Barred Due to 3 Year Negligence Statute Rather than the Longer 6 Year Statute for Breach of Contract

by Kent Holland | Mar 16, 2012 | Newsletter Article

In a case where an engineering firm provided design services for the rehabilitation of a bridge, the professional services were completed when the plans were delivered to the City in 2005.   The bridge reconstruction was completed in 2007, and the City discovered...