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Construction Manager Not Liable for Defective Work by Contractor

by Kent Holland | Jan 22, 2019 | Newsletter Article

Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...

Construction Defect Inspector Protected Against Contractor Defamation Suit

by Kent Holland | Aug 18, 2015 | Newsletter Article

Kent Holland ConstructionRisk, LLC Where homeowners retained an inspection firm to investigate the cause of their leaky roof, the inspector issued a report stating that the roof had been installed years earlier over fiberboard roof insulation that was soaking wet,...

Condo Owners Cannot Sue Original Builder for Implied Warranty: Economic Loss Rule Applied

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., Esq., ConstructionRisk Counsel, PLLC Where a condominium homeowners’ association brought claims for breach of implied warranty and negligence against the general contractor that built the condominiums, but not the developer who engaged the...

What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?

by Kent Holland | Apr 11, 2012 | Newsletter Article

Vinyl floors installed by contractor in the operating rooms of a new hospital suffered from bubbles and split seams, and created a rough and uneven surface.  For over a year the contractor attempted to correct the problems, and did so for beyond the one year warranty...

Contractor Loses Malicious Prosecution Action against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation

by Kent Holland | Dec 12, 2011 | Newsletter Article

After a contractor prevailed at trial in a counterclaim against a homeowner that sued for breach of contract and defective workmanship, the contractor filed suit against the homeowner and the attorney that had filed suit on behalf of the homeowner, arguing that the...
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