by Kent Holland | Jul 25, 2011 | Newsletter Article
Design Professional’s alleged errors were not the proximate cause of the death of a construction worker, and summary judgment was correctly granted because intervening negligent acts of the general contractor broke any causal connection between the alleged negligence...
by Kent Holland | Jun 7, 2011 | Newsletter Article
Where Contractor’s insurance carrier brought a subrogation action against the project’s design professional for negligent performance, including failure to prepare contract drawings and specifications in a manner “fully coordinated for bidding by the various...
by Kent Holland | Mar 28, 2011 | Newsletter Article
Where engineering firm was retained by the owner of a beryllium plant to perform “stack testing”, it found that beryllium emissions significantly exceeded allowable limits of the EPA, and the engineer so advised its client. It did not report the findings to any...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out...
by Kent Holland | Feb 9, 2011 | Newsletter Article, standard of care
A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a...
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