Architect’s Admissions in Settlement Agreement used against Him by State Board of Examiners to Revoke his License

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland, Jr. A State Board of Examiners of Architects was legally permitted to consider admissions against interest by Architect in a settlement agreement with its client which was incorporated into a court order resolving litigation.   The architect’s...

Arbitration Clause in AIA Design-Build Subcontract Bars Third Party Claim in Litigation

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

By:  J. Kent Holland, Jr. A Design/Builder that was sued by project owner for alleged design and construction defects was barred from bringing a third party claim or separate legal action against its subcontractor architect, because the AIA sub-contract document...

Mold Excluded in Homeowner’s Policy is not Covered as an Ensuing Loss of Leaking Water

by Kent Holland | Jul 22, 2011 | Newsletter Article

Summary judgment was correctly awarded against a homeowner that claimed it was entitled to coverage under its homeowner policy for damages arising out of mold growth that occurred as a result of construction defects that caused serious water leakage through the roof...

Third Party Claim for Indemnification Survives SJ Motion

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

When a design-build engineering firm filed suit in federal court against its construction subcontractor for breach of contract, the subcontractor filed a Third-Party Complaint against one of its suppliers for contribution and indemnity.  The supplier filed a motion to...

Construction Manager not Responsible for Contractor’s Injury

by Kent Holland | Jul 22, 2011 | Newsletter Article

On a project where an employee of a construction contractor suffered any eye injury when concrete exploded out of a flexible tube he was trying to unclog, the construction manager was not liable for his injuries since the construction manger was under contract with...

Contractor has a Duty to Seek Clarification of Ambiguous Contract Terms

by Kent Holland | Jul 22, 2011 | Newsletter Article

Katz & Stone, L.L.P. Construction Newsletter January/February 2006 A contractor who fails to seek clarification of the meaning of ambiguous contract terms prior to the submission of its bid may be bound by the owner’s reasonable interpretation of those terms.  The...