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Subcontractor Permitted to File Suit against Project Owner Corporation and Corporate Officer in Individual Capacity

by Kent Holland | Oct 29, 2013 | Newsletter Article

Subcontractor suit was permitted against a project owner as well as an officer of the project owner in his individual capacity for negligent misrepresentation on the basis that the project owner had represented the General Contractor to be acting on behalf of the...

Project Owner Has No Cause of Action Against Subcontractor With Whom it Has No Contract: Economic Loss Doctrine Applies

by Kent Holland | Oct 4, 2012 | Newsletter Article

After a project owner terminated its prime contractor and paid an outstanding invoice owed to the subcontractor, it subsequently filed suit against the subcontractor alleging negligent construction and breach of contract.  Summary judgment was granted, and affirmed on...

Engineer Owes No Duty to Developer Who Claim Third Party Beneficiary Rights to Services Engineer Performed as Subdivision Inspector for Town

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland A professional employed by a town to inspect the construction of a subdivision does not owe a duty of care to a developer or its contractor with whom the professional has no contractual relationship where it was not foreseeable and reasonable for the...

Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract

by Kent Holland | Jul 25, 2011 | Newsletter Article

Where the federal government contracting officer issued a contract modification to the prime contract to require the government to issue a two-party check jointly to the prime and a subcontractor that had complained about not being paid, the subcontractor had rights...

Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for 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...
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