by Kent Holland | Jul 17, 2023 | Current Issue:, Newsletter Article
Where agreement between a contractor and its client contained an agreement to insured but also a waiver of subrogation, the client and its insurance carrier had no right to file suit against the contractor to recover losses paid to third parties. Court also held that...
by Kent Holland | Feb 25, 2020 | Newsletter Article
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...
by Kent Holland | Mar 1, 2019 | Newsletter Article
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...
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...
by Kent Holland | Dec 17, 2014 | economic loss doctrine, Newsletter Article
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...
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