General Contractor on Highway Project Has No Duty to Prospective Motorists to Rectify Unsafe Condition or Warn of Unsafe Condition Where It Followed the Design Specifications and Work was Approved by Engineer and owner

by Kent Holland | Mar 16, 2012 | Newsletter Article

In a wrongful death lawsuit against a general contractor for the death of an individual whose car slid into a river from a highway on which the contractor had completed work seven months earlier, the plaintiff argued a premises defect theory of liability against the...

Negligent Misrepresentation Claim Cannot be made against Engineer Whose Design and Construction of Sludge Processing Equipment Failed to Generate as Much Electricity as Engineer Represented Would be Created

by Kent Holland | Mar 16, 2012 | Newsletter Article

An engineer who was retained by its client to design and construct anaerobic digesters to process cattle manure and paper sludge was sued by its client when the system failed to process the amount of sludge and produce the amount of electricity per day that engineer...

Indemnification Clause Requires Subcontractor to Indemnify Prime Contractor Regardless of Finding that Sub was not Negligent, and the Additional Insured Endorsement Requires Insurer to Cover the Prime for Damages not Caused by Sub’s Negligence

by Kent Holland | Mar 16, 2012 | indemnification clause, Newsletter Article

Where a pipeline was damaged when it was struck by sheeting being installed by a sub-subcontractor while installing lift stations along a pipeline previously installed by the prime contractor, the sub-subcontractor was found to be liable to its client (ECI...

Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

by Kent Holland | Jan 12, 2012 | Newsletter Article

Where a design-builder (“contractor”) was assessed liquidated damages by the Contracting Officer under a U.S. Coast Guard contract for the design and construction of prefabricated metal buildings, the contractor filed suit against the Government seeking remission of...

Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials

by Kent Holland | Jan 12, 2012 | Newsletter Article

A design-build contractor that entered into a fixed-price contract to upgrade the heating, air conditioning and ventilation (HVAC) system in college dormitories satisfactorily performed all the work it was contracted to do, but also performed significant additional...

Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer

by Kent Holland | Jan 12, 2012 | indemnification clause, Newsletter Article

Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages.  Wal-Mart’s first party claim...