City not a Third Party Beneficiary of Design Professional’s Contract

by Kent Holland | Mar 1, 2019 | Newsletter Article

The City of New York filed a breach of contract claim against an architect (Perkins Eastman) that was under contract to the Dormitory Authority of the State of New York (DASNY), claiming it was an intended third party beneficiary of that contract. The state Court of...

Project Owner Can’t Sue Architect working under subcontract to Design-Builder for Alleged Negligent Approval of Pay Applications

by Kent Holland | Mar 1, 2019 | Newsletter Article

A contractor was awarded a design-build contract to design and build a four-story parking deck. The contractor subcontracted the design to an architectural firm. The Owner-Builder agreement between the contractor and owner listed the name of the architectural firm as...

Certificate of Merit not Required with Joinder Complaint against Architect

by Kent Holland | Mar 1, 2019 | Newsletter Article

General contractor (GC) filed a joinder complaint to join an architect in a suit brought by a subcontractor against the GC based on GC’s failure to grant a change order that was alleged required due to defective plans and specifications. The GC didn’t submit a...

Indemnification is only for Third Party Claims Unless Clause Expressly States it applies to First Party Damages

by Kent Holland | Mar 1, 2019 | indemnification clause, Newsletter Article

An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...

Why Getting the Wrong Result in Arbitration May Be What You Bought

by Kent Holland | Feb 28, 2019 | Newsletter Article

By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...

Insured Contract Exception to Contractual-Liability Exclusion

by Kent Holland | Feb 14, 2019 | Newsletter Article

A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...