Contractor Cannot Sue Engineer for Damages Allegedly Caused by Construction Administration

by Kent Holland | Jan 22, 2019 | Newsletter Article

Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....

Construction Manager Not Liable for Defective Work by Contractor

by Kent Holland | Jan 22, 2019 | Newsletter Article

Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...

Safety Consultant May be Liable for Death of Client’s Employee

by Kent Holland | Jan 21, 2019 | Newsletter Article

A safety consultant retained by a California employer owes a duty of care to its client’s workers. The trial court incorrectly granted summary judgment on the ground that the consultant owed no duty of care because its allegedly negligent omissions were not...

Contractor can’t be Sued for Damages Contribution by Engineer Where Contractor has no Possible Tort Liability to Injured Parties

by Kent Holland | Oct 24, 2018 | Newsletter Article

Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...

Contractor Entitled to Summary Judgment against Project Owner’s Negligence Claim where Contractor had no Design Responsibility for Disc Filter Equipment Provided by its Vendor pursuant to the Project Specifications

by Kent Holland | Oct 24, 2018 | Newsletter Article

Where a town sued its general contractor (Penta Corporation) based on failure of its subontracted vendor/supplier’s equipment to perform as required by the project, the contractor was entitled to summary judgment because it did not design the equipment in question and...

Contractor May Sue Construction Manager for Losses Due to Alleged Poor Project Oversight and Interference with Contractor’s Work

by Kent Holland | Oct 24, 2018 | Newsletter Article

Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and administer the project according to industry standards thereby impeding...