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Contract Language Made Code Compliance a separate Duty from the Standard of Care Duty

by Kent Holland | May 13, 2018 | Newsletter Article

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied. This is because it agreed to contract language stating it would comply with the...

Arbitration Decision in Condo Claims Against Contractor Constituted Collateral Estoppel, Barring Subsequent Litigation by Condo against Architect

by Kent Holland | Aug 11, 2014 | Newsletter Article

By J. Kent Holland Jr., Esq. ConstructionRisk Counsel, PLLC Where a condominium association filed suit against the Architect that designed certain repairs for balconies, summary judgment was properly granted to the architect on the basis that previous arbitration by...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied.  This is due to breach of contract language requiring absolute code compliance.  The...

Engineer Not Liable for Breach of Implied Warranty of Design

by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article

When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued  for negligence and breach of...

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