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Safety Consultant May be Liable for Death of Client’s Employee

by Kent Holland | Jan 21, 2019 | Newsletter Article

A safety consultant retained by a California employer owes a duty of care to its client’s workers. The trial court incorrectly granted summary judgment on the ground that the consultant owed no duty of care because its allegedly negligent omissions were not...

Contractor may Sue Design Firms for Defective Plans & Specs on which They Relied

by Kent Holland | Aug 21, 2018 | Newsletter Article

This was a negligence cause of action in which the contractor argued that the designer breached duties owed to the contractor by providing deficient plans to the project owner upon which the contractor relied. The designers moved to dismiss, arguing they had no...

Economic Loss Doctrine did not bar a Contractor’s Negligent Misrepresentation Claim against Architect Seeking Indemnity against Subcontractor Delay Claim

by Kent Holland | Dec 13, 2017 | economic loss doctrine, Newsletter Article

Where a subcontractor sued the prime contractor based in part on delay claims, the prime filed a third-party complaint against the project owner and the architect seeking indemnity. The court held that the architect owed the contractor a duty of care and that the...

Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries

by Kent Holland | Feb 10, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC Summary judgment was granted and sustained on appeal for all defendants in this case where three employees of a contractor were injured when scaffolding failed under the weight of a concrete slab that was being poured. The...

Prime Designers in California Held to Owe Duty to Future Purchasers

by Kent Holland | Jul 8, 2014 | Newsletter Article

Dion N. Cominos, Esq. Gordon & Rees LLP    The Supreme Court of California has now published its decision in Beacon v. Skidmore, Owings & Merrill (211 Cal.App.4th 1301 (2014)).  In short, the Court concluded that prime architects designing residential...
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