Appeal Filed with the Civilian Board of Contract Appeals by Subcontractor Allowed to Go Forward in Name of Prime Contractor

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: J. Kent Holland ConstructionRisk, LLC Where an appeal from an adverse contracting officer’s final decision was filed with the United States Civilian Board of Contract Appeals (CBCA) directly by the affected subcontractor instead of by the prime contractor that...

Design Firms Held Unaccountable for Failing to Design in Compliance with ADA and FHA Requirements: Project Owner Cannot Sue for Breach of Contract or to Enforce Indemnity Obligations

by Kent Holland | Sep 6, 2016 | Newsletter Article

By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....

Contractor not Excused from Violating Building Code Even if Homeowner Directs Him to Violate the Code

by Kent Holland | Jun 14, 2016 | Newsletter Article

Kent Holland, Jr. ConstructionRisk, LLC Where a homeowner directed its roofing contractor to perform work in a manner that violated the building code, the contractor was nevertheless liable for a per se violation of the code. The homeowner’s waiver of the code...

Condo Complaint Alleging Fraudulent Concealment of Construction Defects Tolled Statute of Limitations for Misrepresentation Claim

by Kent Holland | Jun 14, 2016 | Newsletter Article

Kent Holland, Jr. ConstructionRisk, LLC A condominium association sued the developer and contractor that constructed and sold the condominium complex. Some of the condo units experienced water seepage and resulting damage. An expert determined that water was entering...

It Still Hurts – DOL’s Revised, Final Rule on Overtime Doubles Minimum Salary Level Starting December 1, 2016

by Kent Holland | Jun 14, 2016 | Newsletter Article

Paul A. Wilhelm, Esq. Clark Hill, PLC On May 18, 2016, the Department of Labor (“DOL”) issued its long-awaited Final Rule for overtime exemptions, focusing on the “white collar” exemptions (executive, administrative, professional and certain...

Only A Bona Fide Patron Of A Business Can Bring An ADA Suit, Maryland Court Holds

by Kent Holland | Jun 14, 2016 | Newsletter Article

Minh N. Vu Seyfarth Shaw LLP Seyfarth Synopsis:  In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA. As we’ve reported before, the...