Shifting Sands beneath the Economic Loss Doctrine in Washington

by Kent Holland | Jun 7, 2011 | Newsletter Article

For more than a decade, design professionals in Washington have been able to rely upon the economic loss doctrine as a bulwark against many third party claims and certain types of negligence claims from their clients.  However, two recent Washington State Supreme...

Federal Court in Tennessee Holds Insurer Responsible Under CGL Policy For Defending Contractor Against Negligence Claims

by Kent Holland | Jun 7, 2011 | Newsletter Article

When an owner asserts a claim of negligent construction against a general contractor, the general contractor may seek to have its insurer provide a defense to the claims (i.e., pay for an attorney) under its commercial general liability (“CGL”) policy and, if the...

Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract

by Kent Holland | May 23, 2011 | indemnification clause, Newsletter Article

Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall.  The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in...

Bid Protestor Successfully Challenges Bid Rejection Based on Unannounced Criteria

by Kent Holland | May 23, 2011 | Newsletter Article

Where a county government rejected an electrical contractor’s low bid for the sole reason that it believed the contractor had violated the prevailing-wage law, despite no administrative or legal rulings to that effect, the court held the county abused its discretion...

“No Damages for Delay” Clause Enforced Against Contractor Claim

by Kent Holland | May 23, 2011 | Newsletter Article

Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...

Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests

by Kent Holland | May 23, 2011 | Newsletter Article, standard of care

Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and...