Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims

In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...

CGL Insurance Covers Damages Caused by Defective Workmanship of Subcontractor

by Kent Holland | Dec 30, 2011 | Newsletter Article

Where a general contractor – builder was sued by a homeowner to recover damages from leaking windows, fungus growth, decayed OSB sheathing, deteriorating and decaying floor joists and water damage to the home interior, the contractor tendered the claim to its...

Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner

by Kent Holland | Dec 15, 2011 | indemnification clause, Newsletter Article

In a wrongful death action brought by the estate of an electrician against a project owner and its architect, the owner made a cross claim for indemnification and contribution against the Architect.  That claim was dismissed pursuant to a motion for summary judgment,...

Project Owner Not Liable for Injuries to Employee of Independent Contractor

by Kent Holland | Dec 15, 2011 | Newsletter Article

A project owner, Lafayette College, entered into a construction management agreement with a general contractor to renovate a building, and that firm in turn subcontracted the renovation work to  other contractors, one of whom performed the roofing work.  An employee...

Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim

by Kent Holland | Dec 12, 2011 | Newsletter Article

A restaurant owner that contracted with a general contractor to remodel a restaurant was permitted by the Supreme Court of Idaho to file a negligence-based law suit directly against an electrical subcontractor that it alleged was responsible for defective installation...

Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation

by Kent Holland | Dec 12, 2011 | Newsletter Article

After a contractor prevailed at trial in a counterclaim against a homeowner that sued for breach of contract and defective workmanship, the contractor filed suit against the homeowner and the attorney that had filed suit on behalf of the homeowner, arguing that the...