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Scaffolding Collapse: Engineer, Architect, and Project Owner Not Liable for Injuries

by Kent Holland | Feb 10, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC Summary judgment was granted and sustained on appeal for all defendants in this case where three employees of a contractor were injured when scaffolding failed under the weight of a concrete slab that was being poured. The...

Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner

by Kent Holland | Dec 15, 2011 | indemnification clause, Newsletter Article

In a wrongful death action brought by the estate of an electrician against a project owner and its architect, the owner made a cross claim for indemnification and contribution against the Architect.  That claim was dismissed pursuant to a motion for summary judgment,...

Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests

by Kent Holland | May 23, 2011 | Newsletter Article, standard of care

Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and...

Inspection of subcontractor’s Work Does Not Make Owner and Prime Contractor Liable for Safety

by Kent Holland | Feb 7, 2011 | Newsletter Article

Where a project owner had the contractual right to inspect the contractor’s work progress for the purpose of monitoring compliance with the plans and specifications, a court held that this did not give the owner control over the sight for the purpose of assuring...

Judgment Against Architects Reversed Due to Lack of Expert Testimony

by Kent Holland | Feb 7, 2011 | Newsletter Article

Expert testimony most be presented by a plaintiff to prove that a design professional violated the standard of care and was, therefore, negligent in the performance of professional services. In Taylor v. DeLosso, 725 A.2d 51 (N.J. Super. A.D. 1999), the court reversed...

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