Acceptance Doctrine Prevents Construction Defect Suit

by Kent Holland | Nov 6, 2019 | Newsletter Article

The “acceptance doctrine” was applied in a negligent construction tort case to dismiss a homeowner suit against the contractor that built the original homeowner. The new homeowner purchased the home under an “as is” agreement and soon after purchase discovered...

Ambiguous Specifications Interpreted in Favor of Government Contractor

by Kent Holland | Sep 19, 2019 | Newsletter Article

The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...

Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)

by Kent Holland | Sep 19, 2019 | Newsletter Article

A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...

Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury

by Kent Holland | Sep 19, 2019 | indemnification clause, Newsletter Article

When an employee of a landscape subcontractor was injured in a crane accident he sued the project’s roofing contractor (“KJC”) and the architect, Skidmore, Owings and Merrill (“SOM”). Architect was entitled to summary judgment to enforce the indemnity clause in the...

Inspection of Contractor’s Allegedly Defective Work Subjects Architect to Personal Injury Action

by Kent Holland | Sep 19, 2019 | Newsletter Article

Employee of a medical center filed a personal injury suit against the building owner and also against the project architect that issued project performance specifications and reviewed contractor shop drawings of component parts proposed by the contractor for cleanout...

Accepting Late Performance of Work Does Not Bar Recovery for Delay Damages

by Kent Holland | Aug 13, 2019 | Newsletter Article

Where project owner chose not to terminate contractor for failing to substantially complete project by contractually established deadline, but permitted late completion, this did not waive entitlement to recover delay damages. McPherson Builders, Inc. v. Performance...