Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect

by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits

School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building.  The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...

Engineer Can be Sued for Breach of Warranty of Professional Services

by Kent Holland | Mar 4, 2014 | Newsletter Article, standard of care

Pulte Homes sued the engineering firm that performed certain engineering and testing services for a building site on which it built a home.  It alleged that the home developed structural problems after construction due to deficiencies in the engineer’s site work and...

Federal Circuit Reverses Metcalf v. U.S.

by Kent Holland | Feb 17, 2014 | differing site conditions, Newsletter Article

Holds Government Cannot Bar Differing Site Conditions Claims with Broad Disclaimer Language, AND Government is Bound by a Broad Duty of Good Faith and Fair Dealing In a major victory, not only for the contractor, but also for historic federal contract principles, the...

Differing Site Conditions Claim Rejected Because State Had no Duty to Disclose Superior Knowledge, Plus the Contractor Did Not Document Damages but Attempted to Rely on Total Cost Claim

by Kent Holland | Jan 31, 2014 | differing site conditions, Newsletter Article

On a contract for a renovation and asbestos removal in a state office building, the contractor claimed there was a differing site condition making asbestos removal more difficult than anticipated.  The Supreme Court of Alaska held that the contractor could have...

AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld

by Kent Holland | Oct 29, 2013 | Newsletter Article, time limits

Where a hotel developer agreed by contract with its builder to limit the time for filing suits to four years following substantial completion, a California court of appeal held that this did not conflict with public policy.  Parties are permitted the freedom of...

Limitation of Liability Clause Enforced – Even in Face of Allegations of Gross Negligence

by Kent Holland | Oct 28, 2013 | limitation of liability clause, Newsletter Article

Where a limitation of liability clause in a design professional contract would limit a homeowner’s claim against its designer to the total fee for services, the plaintiff sought to avoid the affects of the clause by asserting that the designer had acted with gross...