Suit Limited to Breach of Contract/Warranty – Negligence Count was Duplicative and Dismissed

by Kent Holland | Oct 24, 2018 | Newsletter Article

Breach of contract limited warranty was the only legal theory homeowner could pursue against builder. The negligence count was dismissed by the court as being duplicative of the breach of contract count and based on the exact same facts as what constituted the breach...

An Engineering Intern Could not be Liable for Professional Negligence

by Kent Holland | Oct 24, 2018 | Newsletter Article

A developer filed suit against an engineering firm, two licensed engineers and one engineer intern. The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed...

Design Professional Duty to Mitigate Against Storm and Flood damage

by Kent Holland | Oct 24, 2018 | Newsletter Article

Extreme weather events, such as hurricanes and excessive rains causing severe flooding, seem to be increasingly in the news and on the public’s mind. This briefing addresses the legal and ethical responsibilities that design professionals must consider with respect to...

Design Professional Duty to Mitigate Against Storm and Flood damage

by Kent Holland | Oct 4, 2018 | Newsletter Article

This Briefing Paper along with an on-demand webinar were written and presented by Kent Holland for Zurich North America Insurance.   The paper and webinar are available by clicking below on the Continue Reading link. As storms seem to be increasing in severity, and...

Webinar (on demand): Quality Assurance/Quality Control for Designers & Design-Builders

by Kent Holland | Oct 4, 2018 | Newsletter Article

In this webinar presented for Arch/PUA Insurance, the discussion is how to improve Quality Assurance and Quality Control (QA/QC) to improve the quality of design documents, enhance client value of your work, have highly productive lean project management for QA/QC,...

Suggested Wording to Use When Revising and Redlining Design Professional Contracts for Risk Allocation and Insurability of Risks

by Kent Holland | Oct 2, 2018 | Newsletter Article

By: J. Kent Holland, Jr. The wording for clauses presented in this paper are what ConstructionRisk, LLC uses as our templates for suggested revisions when redlining a design professional contract to allocate the risk more equitably and make the contract more insurable...