Contractual Agreement can shorten statutory Time Limit for Bringing Suit

by Kent Holland | Feb 7, 2018 | Newsletter Article

A contract provision in a homeowner contract with a furnace maintenance company shortened from the statutory three years to just one year, the time period for bringing a claim against the company. The homeowner filed suit against the company more than a year after...

10 tips for making the home safer for elderly relatives

by Kent Holland | Feb 7, 2018 | Newsletter Article

By: Jane Sandwood Bringing your elderly parents into your home is a blessing for some; it provides quality time together that you may not otherwise have. But moving your parents in your home also often requires retro-fitting some new features to ensure they remain...

CM/General Contractor, as a Statutory Employer, is Entitled to Workers’ Compensation Act Immunity from Suit by Subcontractor’s Injured Employee

by Kent Holland | Jan 2, 2018 | Newsletter Article

When a subcontractor employee was injured by being struck by pieces of concrete that unexpectedly shot out of a concrete pumping hose, he sued the project construction manager (CM) who had subcontracted the concrete work. Tutor Perini was serving as CM at risk and...

Construction Manager not Responsible for Injuries to a Contractor’s Employee where it had no Ability to Control the Contractor’s Activity

by Kent Holland | Jan 2, 2018 | Newsletter Article

Construction management services agreement between the Construction Manager (CM) and the Metropolitan Transportation Authority (MTA) of New York provided that the CM was responsible for coordinating the work relating to the number 7 train subway extension project on...

Building Code Requirements Imposed Non-Delegable Duty on General Contractor for Safety Guardrails

by Kent Holland | Jan 2, 2018 | Newsletter Article

A general contractor for home construction hired a subcontractor to perform trim work on a house, including installation of a guardrail in front of a sliding glass door that would have access to a potential future deck. The subcontractor used finish nails to attach...

Professional Liability Exclusion in CGL Policy Barred Coverage for $25 Million Damages Claim from Ruptured Pipe Line

by Kent Holland | Jan 2, 2018 | Newsletter Article, professional liability exclusion

Professional Liability Exclusion Case Where a construction excavator struck an unmarked petroleum pipeline causing a massive explosion and rupture, the commercial general liability (CGL) excess insurance carrier of the pipeline owner, Kinder Morgan, settled claims...