Contractor’s Claim against CGL Insurance Company Dismissed Because It Failed to Give Company Timely Notice of Plaintiff’s Claim Related to Defective Work

by Kent Holland | Dec 12, 2011 | Newsletter Article

Where plaintiff, homeowner, filed a complaint against the general contractor , the failure of the contractor to provide its Commercial General Liability (CGL) Insurance Company with notice of the claim for almost two years entitled the insurance company to summary...

Architect Entitled to Insurance Defense for ADA and FHA Claims Arising out of Services Performed for Condominium Developer

by Kent Holland | Aug 2, 2011 | Newsletter Article

Where a developer of a condominium, and its design architect, were sued by a municipal equal opportunity housing opportunity council as well as by the state attorney general for alleged violations of not meeting federal and state requirements for handicap access, the...

Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract

by Kent Holland | Jul 25, 2011 | Newsletter Article

Where the federal government contracting officer issued a contract modification to the prime contract to require the government to issue a two-party check jointly to the prime and a subcontractor that had complained about not being paid, the subcontractor had rights...

Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause

by Kent Holland | Jul 25, 2011 | Newsletter Article

Design Professional’s alleged errors were not the proximate cause of the death of a construction worker, and summary judgment was correctly granted because intervening negligent acts of the general contractor broke any causal connection between the alleged negligence...

Surety Cannot Maintain Negligence Action against A/E for Alleged Failure to Adequately Inspect and Supervise Contractor’s Work

by Kent Holland | Jul 22, 2011 | Newsletter Article

By J. Kent Holland, Jr. Where a surety sued a project architect for alleged failure to adequately inspect and supervise a contractor who was default terminated due to defective work, the court dismissed the suit for failure to state a negligence claim upon which...

Building Information Modeling: The Wave of the Future?

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: Gary Prather – Travelers Building Information Modeling (BIM) promises to reshape the future design – and the way design professionals do business, but these basic risk management considerations should be taken into account to determine if BIM is right for you. To...