by Kent Holland | Jan 19, 2017 | Newsletter Article
Engineering firm designed site plans for a rain tank system to be buried under a parking lot for a new church sanctuary. As a contractor began constructing the project, it inquired of the engineer via a Request for Information (RFI) about concerns about the...
by Kent Holland | Dec 19, 2016 | economic loss doctrine, Newsletter Article
An error was made by a surveyor in setting the level for a foundation pad for a church building. A construction contractor then proceeded to excavate dirt from the foundation area, believing the resulting level would be higher than required by the base flood...
by Kent Holland | Apr 25, 2016 | Newsletter Article
J. Kent Holland, J.D. ConstructionRisk, LLC An individual who is a licensed contractor is not deemed a “professional” that owes an independent duty of care outside of the contractual obligations of the limited liability company (LLC) that signed a contract with a...
by Kent Holland | Apr 25, 2016 | Newsletter Article
Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC In an effort to revitalize a waterfront area along Lake Michigan, the City of Whiting, Indiana hired an engineering firm to design a lakefront park and marina. The Engineer, in turn, hired a Subconsultant to serve as...
by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care
Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...
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