Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit

by Kent Holland | May 29, 2020 | indemnification clause, Newsletter Article

Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...

Insurance Coverage Issues Related to Coronavirus Pandemic

by Kent Holland | Apr 15, 2020 | Newsletter Article

By:  Greyling Insurance Brokerage & Risk Consulting In this report, Greyling Insurance Brokerage outlines the insurance coverage applicable to various claims that could arise in connection with coronavirus (COVID-19) and the likelihood of recovery with respect to...

Risk and Liability Considerations for Coronavirus Related Services

by Kent Holland | Apr 15, 2020 | Newsletter Article

By:  Greyling Insurance Brokerage & Risk Consulting Before a professional consulting firm agrees to assist its client with issues related to the COVID-19 crisis, a key question to answer is whether the firm will be insured for such services. This report by...

Insurance Company not Obligated to pay Damages agreed to by Contractor under Settlement Agreement with Owner where Damages not Allocated between Covered and Non-covered Damages

by Kent Holland | Apr 13, 2020 | Newsletter Article

While a declaratory judgment action was pending to decide whether a CGL insurance carrier owed a duty to defend and indemnify a contractor against claims by its client, a marina, for damages arising out of defective work, the contractor and marina entered into what is...

Contractor has no Duty to Inspect for Asbestos Before starting Renovation of Single Family House (under Colorado law)

by Kent Holland | Apr 13, 2020 | Newsletter Article

Under the Colorado asbestos regulations applicable single family residential construction, a contractor owed no duty to inspect the premises for asbestos before beginning construction. Absent such a duty under the statutes or regulations, the court considered and...

Fiduciary Duty not Owed by Contractor in Absence of Contract Language Expressly Stating So

by Kent Holland | Apr 13, 2020 | Newsletter Article

Alleging shoddy workmanship, fear that its contractor wouldn’t finish the project, and a lack of detailed accounting under the cost-plus contract, the owner made only a partial payment on a draw requested by the contractor. Contractor and its subcontractors filed...