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Contractor Suit against Project Owner’s Lender for Failing to Pay for Work Performed on Project is Dismissed

by Kent Holland | Jan 11, 2011 | Newsletter Article

Where a contractor brought a claim against a project owner’s bank that was funding the project, based on allegations that the bank made promises to the contractor that funds were available and would be paid to the contractor to complete the project, summary  judgment...

Statute of Limitations for Negligence Actions Bars Suit against Engineer that was based on Breach of Contract Allegations

by Kent Holland | Dec 31, 2010 | Newsletter Article

Kroger Company brought suit against an engineering for breach of contract based on allegations that the engineering service were “ineffective, performed negligently, and their implementation caused additional damages to the Kroger Store.” Summary judgment was granted...

Arizona Supreme Court Reaffirms Economic Loss Doctrine

by Kent Holland | Dec 31, 2010 | Newsletter Article

P. Douglas Folk, Esq. – Folk and Associates, P.C. I am very pleased to report the Arizona Supreme Court’s favorable decision in the Flagstaff Affordable Housing L.P. v. Design Alliance, Inc. case 2010 WL 476683 (Arizona, February 12, 2010). ACEC Arizona, AIA...

Unlicensed Contractor forced to Refund all Payments back to the Homeowners

by Kent Holland | Dec 31, 2010 | Newsletter Article

A homeowner in California that contracted with a construction company to build a house filed suit for breach of contract and negligence, and violations of the state licensure requirements – seeking to recover sums it had paid to the contractor. The construction...

Economic Loss Doctrine Bars Contractor Suit against Engineer

by Kent Holland | Dec 31, 2010 | Newsletter Article

The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The...
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