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Engineer Owes No Duty to Developer Who Claim Third Party Beneficiary Rights to Services Engineer Performed as Subdivision Inspector for Town

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland A professional employed by a town to inspect the construction of a subdivision does not owe a duty of care to a developer or its contractor with whom the professional has no contractual relationship where it was not foreseeable and reasonable for the...

Economic Loss Doctrine Applied in Guam to Bar Design-Build Contractor’s Negligence Claim against its Design Professional Subcontractor for Purely Economic Losses

by Kent Holland | Mar 28, 2012 | Newsletter Article

Design-Build contractor (Maeda Pacific Corp) engaged a design firm to prepare a cost estimate that it used in preparing a bid to the U.S. Naval Facilities Engineering Command (“Navy”) for a water supply system at the Andersen Air Force Base in Guam.  After being...

Contractor Permitted to Sue Architect for Implied Warranty of Specifications

by Kent Holland | Jan 4, 2012 | Newsletter Article, standard of care

A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied...

Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence

by Kent Holland | Jun 7, 2011 | Newsletter Article

Where Contractor’s insurance carrier brought a subrogation action against the project’s design professional for negligent performance, including failure to prepare contract drawings and specifications in a manner “fully coordinated for bidding by the various...

Contractors May Bring Action for Economic Losses Against Design Professionals in Pennsylvania

by Kent Holland | Feb 9, 2011 | Newsletter Article

By:  Andrew B. Cohn, Esq. A very recent Pennsylvania Supreme Court opinion (January 2005) has significantly changed Pennsylvania law, allowing a general contractor to directly sue an architect in negligence for additional construction costs caused by defective plans,...
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