Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

by Kent Holland | Aug 18, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where the employee of a roofing subcontractor died after falling from the roof of a Walmart being constructed in Nebraska, Walmart was not liable for the worker’s death under any of the exceptions to the...

Construction Defect Inspector Protected Against Contractor Defamation Suit

by Kent Holland | Aug 18, 2015 | Newsletter Article

Kent Holland ConstructionRisk, LLC Where homeowners retained an inspection firm to investigate the cause of their leaky roof, the inspector issued a report stating that the roof had been installed years earlier over fiberboard roof insulation that was soaking wet,...

A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract

by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care

Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...

Court Has No Jurisdiction Over a Contractor Claim that Was Based on an Issue Raised to the Contracting Officer for Final Determination but Not Sufficiently Detailed and Explained; Notice Provisions Enforced Against Contractor, and Liquidated Damages Held to be Enforceable

by Kent Holland | Jul 13, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where a contractor amended its complaint in an action against the United States to include a claim for remission of liquidated damages on the basis that it was entitled to a time extension, but the contractor did...

Failure to Give 10-Day Notice to Government Deprives Contractor of Right to Recovery

by Kent Holland | Jul 13, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a design-build contractor under a federal government contract was terminated for default for failure to perform work consistent with the project schedule, it was default terminated. The contractor filed suit against the...

No Damage for Delay Clause Unenforceable Where Owner’s Intentional Misconduct Caused the Delay; And Lien Releases do not Release Claim Previously Submitted by Contractor

by Kent Holland | Jul 13, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...