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Acceptance Doctrine Prevents Construction Defect Suit

by Kent Holland | Nov 6, 2019 | Newsletter Article

The “acceptance doctrine” was applied in a negligent construction tort case to dismiss a homeowner suit against the contractor that built the original homeowner. The new homeowner purchased the home under an “as is” agreement and soon after purchase discovered...

Limitation of Liability Clause Enforced in Favor of Architect by Georgia Court

by Kent Holland | Jan 30, 2011 | limitation of liability clause, Newsletter Article

A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for...

Limitation of Liability Clause in Engineer’s Contract Enforced in Georgia

by Kent Holland | Dec 31, 2010 | Newsletter Article

An engineering firm performed soil studies and rendered an opinion on the suitability of using septic systems in a residential subdivision being developed by its client. The client sued the engineer on the basis of allegedly inaccurate conclusions. The engineer...

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