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...

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...