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Contractor Who Completed Work Years Earlier is Liable to Third Party where Patent Defect caused Injury

by Kent Holland | Oct 11, 2023 | Newsletter Article

Where an individual slipped and fell on steps defectively constructed by a contractor at a public library, her estate sued the contractor.  Trial court granted summary judgment on the basis that it concluded the applicable Restatement (Second) of Torts, section 385,...

Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

by Kent Holland | Jun 23, 2022 | Newsletter Article

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This...

Resulting Loss from Faulty Work are Covered by Homeowner Policy

by Kent Holland | Feb 13, 2019 | Newsletter Article

Homeowner’s insurance policy carrier denied coverage for losses that occurred in connection with construction of an addition to the homeowner’s house that was to serve as an observatory. The addition included construction of a telescope support system that included...

Faulty Work is not Occurrence Covered by CGL Policy Even Under Subcontractor Work Exclusion

by Kent Holland | Feb 13, 2019 | Newsletter Article

Property damage caused by a subcontractor’s faulty work does not meet the definition of an “occurrence” under the CGL insurance policy because faulty work is not fortuitous. This Ohio Supreme Court decision differs from the coverage determinations of the courts of...

Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries

by Kent Holland | Feb 10, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC Summary judgment was granted and sustained on appeal for all defendants in this case where three employees of a contractor were injured when scaffolding failed under the weight of a concrete slab that was being poured. The...
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