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Owner’s Standard of Care Expert Failed to Identify the Standard of Care and Failed to Explain How Designer Violated the Standard

by Kent Holland | Jan 31, 2025 | Newsletter Article

Trial court granted summary judgment for architect because project owner’s expert witness failed to define the standard of care and state how the architect failed to meet the standard.  The Owner’s complaint alleged that the architect failed to provide services with...

Summary Judgment where Insufficient Expert Testimony to Prove Negligence

by Kent Holland | Sep 19, 2024 | Newsletter Article

Construction contractor entitled so summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages.  Owner argued that Contractor can be held liable...

Summary Judgment where Insufficient Expert Testimony to Prove Negligence

by Kent Holland | Aug 20, 2021 | Newsletter Article

Construction contractor entitled to summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages.  Owner argued that Contractor can be held liable...

Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)

by Kent Holland | Apr 13, 2020 | Newsletter Article

Under the Colorado asbestos regulations applicable single family residential construction, a contractor owed no duty to inspect the premises for asbestos before beginning construction. Absent such a duty under the statutes or regulations, the court considered and...

Limitation of Liability Clause Enforced to Limit Recovery to only $550,000 of a $9.5 Million Jury Verdict

by Kent Holland | Sep 26, 2017 | limitation of liability clause, Newsletter Article

Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by...
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