by Kent Holland | Feb 7, 2011 | Newsletter Article
A plaintiff filed suit for negligence as well as products liability against a firm that designed, manufactured and installed precast concrete products for a parking garage. The court dismissed the suit because it was filed beyond the six years permitted under the...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
To better manage and price the risks associated with design services, A/E’s often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the...
by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The prime contract between the project owner and general contractor included a provision stating that the statute of limitations for filing all claims would accrue on the date of substantial completion. Since the contract between the prime and its subcontractors...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Kroger Company brought suit against an engineering for breach of contract based on allegations that the engineering service were “ineffective, performed negligently, and their implementation caused additional damages to the Kroger Store.” Summary judgment was granted...
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