In an interesting case that went on for many years, a homeowner obtained judgment against an individual who claimed only his corporate entity should have been subject to arbitration. The primary reason this occurred is that the homeowner suit named as the defendant,...
An owner developing a project under a design-build contract filed suit against a design professional that was a subcontractor to the owner’s design-build contractor. The suit was based on negligence and also breach of contract and named the engineering firm and two...
A developer filed suit against an engineering firm, two licensed engineers and one engineer intern. The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed...
By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Where a project owner filed suit against both the engineering firm, and the individual engineer that designed a post foundation for a fabric-roofed farm building, the negligence action against the individual...
Where a property owner filed suit against a limited liability company and sued the individual principal of the company as well as the company itself, alleging negligence, fraud and violations of the state unfair practice act, it was held that the owners were not...
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