Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee

by Kent Holland | Jun 2, 2014 | Newsletter Article

By James N. Rhodes, Esq. ConstructionRisk Counsel, PLLC The Maryland Court of Appeals affirmed a trial court’s exclusion of expert testimony relating to the violation of state and federal workplace safety regulations, in a negligence action stemming from the fatal...

EIFS Repairs Covered without Insurer’s Consent

by Kent Holland | May 6, 2014 | Newsletter Article

 J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...

The CGL and the Professional Liability Exclusion

by Kent Holland | May 6, 2014 | Newsletter Article, professional liability exclusion

Craig F. Stanovich Austin & Stanovich Risk Managers, LLC Article provided with permission of International Risk Management Institute, Inc.   In a case filed on March 13, 2014, the California Court of Appeal provided important commentary on the application of...

Court Bars Defendant’s Expert At Trial And Sanctions Defendant For Bad Faith Response To Requests to Admit – IL 2nd Dist.

by Kent Holland | May 6, 2014 | Newsletter Article

By:  Paul Porvaznik, Esq. A triple shot of defeat.  Actually, more like a quadruple shot.  The defendant in Fraser v. Jackson, 2014 IL App (2d) 130283, lost at trial in a personal injury suit, his expert was barred from testifying as a discovery sanction, his...

Contractual Requirement May be Waived Despite “Non-Waiver Clause” Stating to the Contrary

by Kent Holland | May 6, 2014 | Newsletter Article

Kent Holland, Esq. and James Rhodes, Esq. The Maryland Court of Appeals held that parties’ oral agreements and/or actions can waive a “condition precedent”, notwithstanding an explicit “non-waiver” clause in the contract. Hovnanian Land Investment Group, LLC v....

Contractually Imposed Time Limit for Filing Suit is Enforced to Dismiss Claim Against Home Builder

by Kent Holland | May 6, 2014 | Newsletter Article

Kent Holland, Esq. and James Rhodes, Esq. A federal court in Maryland granted the dismissal of several counts against the builder of a residential home in Maryland due to a contractually agreed upon shortening of the time otherwise available to file suit .  The...