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Building Code Requirements Imposed Non-Delegable Duty on General Contractor for Safety Guardrails

by Kent Holland | Jan 2, 2018 | Newsletter Article

A general contractor for home construction hired a subcontractor to perform trim work on a house, including installation of a guardrail in front of a sliding glass door that would have access to a potential future deck. The subcontractor used finish nails to attach...

Contractor’s Code Violation Does Not Create Negligence Cause of Action by Subsequent Homeowner

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, Esq. A subsequent (non-original) homeowner may not bring a negligence suit against a homebuilder for economic losses arising from latent construction defects when there has been no physical injury to persons or property. The builder’s violation of a...

A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract

by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care

Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...

Contractor not Responsible for Costs of Changes Caused by Building Code Violations Contained in Owner’s Drawings

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor explicitly disclaimed responsibility for engineering of second floor additions creating snow load on existing roof structures, the court held that the contractor did not breach any implied warranty although certain building codes were apparently...

What Happens When Green Becomes Code: Do Buildings Get Better or Are Lawsuits Inevitable?

by Kent Holland | Jan 11, 2011 | Newsletter Article

George DuBose, Liberty Building Forensics Group The inevitable is about to happen and most people don’t even know it is coming — green buildings are going to become, by codification, the law of the land. For some firms, this will just mean business as...

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