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Professional Liability Insurance doesn’t Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract

by Kent Holland | Mar 20, 2020 | Newsletter Article

An Engineering firm (“GOAD”) had a client (Honeywell) that it was working with to submit a bid to a federal agency. GOAD decided it needed some technical assistance itself and found ITI, Inc. to provide certain engineering services as its subcontractor. At some point,...

Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract

by Kent Holland | Feb 20, 2017 | Newsletter Article

A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...

Actual Malice Is Not Required For Claims of Tortious Interference With Contractual and Advantageous Relations

by Kent Holland | Apr 25, 2016 | Newsletter Article

Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC The plaintiff in this case, Barr Incorporated, was the general contractor (GC) on a project in Berlin, Massachusetts. After being terminated from the project based on a certification from the Architect, the GC sued the...

Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract

by Kent Holland | Jun 10, 2013 | Newsletter Article

Summary Judgment must be granted to Architect against Contractor’s suit that claimed Architect tortuously interfered with its contract by recommending that the project owner terminate the contractor for default.  The architect based its recommendation on what it...

Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty

by Kent Holland | Feb 16, 2011 | Newsletter Article

By: Steven J. Koprince, Esq. It seems to happen to honest contractors all the time: a straightforward contract dispute takes a wrong turn, and suddenly the contractor is facing claims such as fraud, deceit, and dishonesty.  A contractor’s litigation opponent...
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