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Economic Loss Doctrine Enforced to Bar Claim against Design Professional by a Third Party Plaintiff

by Kent Holland | Jul 17, 2023 | Newsletter Article

When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects.  The Contractor then filed third-party claims against the client’s architect and against the geotechnical...

Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties

by Kent Holland | Oct 24, 2018 | Newsletter Article

Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...

Indemnification Clause Unenforceable where Inconsistent with a State’s Contribution Act Applicable to Joint Tortfeasors

by Kent Holland | Aug 28, 2017 | indemnification clause, Newsletter Article

By: Kent Holland A contract required the architect to indemnify its project owner client (a hotel) against damages and attorneys fees arising from injuries on hotel property. The hotel, architect and others entered into settlement agreements with a plaintiff that...

Contribution Claim by Contractor’s Insurance Carrier against Architect as a Joint Tortfeasor

by Kent Holland | Aug 14, 2013 | Newsletter Article

Where a general contractor settled a defective construction claim with the project owner during arbitration, the insurance carrier for the contractor subsequently filed a contribution and indemnity law suit against the engineering firm that had been under separate...

Architect Liable to an Airport Maintenance Person who was Electrocuted While Working on an Electric Switchgear Box that had No Warning Labels

by Kent Holland | Dec 28, 2012 | Newsletter Article

Approximately four or five years after completion of the Hilton Hotel at the Boston Logan Airport, an employee of the airport authority was electrocuted while attempting to repair an electrical transformer that lacked required wiring diagrams and warning signs.  The...

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