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Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed

by Kent Holland | Oct 24, 2018 | Newsletter Article

Breach of contract limited warranty was the only legal theory homeowner could pursue against builder. The negligence count was dismissed by the court as being duplicative of the breach of contract count and based on the exact same facts as what constituted the breach...

Contractor Not Responsible for Foundation Failure Since Change Order Revised the Design

by Kent Holland | Dec 19, 2016 | Newsletter Article

Where a contractor sought a request for clarification to the project architect concerning whether rebar was to be tied from the floor slab to the pile caps, the architect responded with a clarification, that ultimately became a change order, directing the slab rebar...

Property Owners Can Pursue Negligence Actions Against Contracted Engineer Under Washington State’s ‘Independent Duty Doctrine’ (Variation on ‘Economic Loss Rule’)

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC The Supreme Court of Washington applied the state’s “independent duty doctrine” to allow a professional negligence and a negligent misrepresentation action to move forward by residential property owners against their...

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