Certificate of Insurance Binds Carrier to Provide Insurance to the Entity that was Incorrectly Listed as an Additional Insured

An insurance company was held bound by its agent’s written representation-made in a certificate of insurance—that a particular corporation was an additional insured under a given insurance policy. The certificate turned out to be inconsistent with the policy that only...

Project Owner Can’t Sue Design-Build Contractor’s Design Subcontractor

An owner developing a project under a design-build contract filed suit against a design professional that was a subcontractor to the owner’s design-build contractor. The suit was based on negligence and also breach of contract and named the engineering firm and two...

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

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...

Economic Loss Doctrine Bars Claim against Engineer Individually

By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Where a project owner filed suit against both the engineering firm, and the individual engineer that designed a post foundation for a fabric-roofed farm building, the negligence action against the individual...

Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract

By James Rhodes & Kent Holland A federal district court in Pennsylvania ruled that the insurer of a hotel’s second owner could advance a negligence action against the general contractor for alleged code violations that may have contributed to a fire.  Ultimately,...

Project Owner Has No Cause of Action Against Subcontractor With Whom it Has No Contract: Economic Loss Doctrine Applies

After a project owner terminated its prime contractor and paid an outstanding invoice owed to the subcontractor, it subsequently filed suit against the subcontractor alleging negligent construction and breach of contract.  Summary judgment was granted, and affirmed on...