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Statute of Limitations for Filing Equitable Indemnity Claim Accrues Only When Party Seeking Indemnity Has Been Served a Complaint Giving Rise to the Indemnity Claim

by Kent Holland | Aug 14, 2013 | Newsletter Article

A homeowner association sued a contractor, alleging numerous construction defects and code violations.  Two years later, the association filed an amended complaint adding a new allegation that the contractor installed defective plumbing and sewer systems. Based on the...

Contractor Not Liable for Emotional Distress

by Kent Holland | Feb 7, 2011 | Newsletter Article

As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was...

Architect Has No Warranty Obligation to Condo Association

by Kent Holland | Feb 7, 2011 | Newsletter Article

When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor,...

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