Dispute Provision in Subcontract was Void Because It prevented Sub from Asserting Lien Rights

by Kent Holland | Apr 8, 2014 | Newsletter Article

Where a subcontract provided that the contractor was “the sole arbiter of all claims, disputes, and questions of any nature whatsoever arising out of the … subcontract,” the dispute clause was found to be void where the contractor attempted to use its authority under...

Court Bars Contractor’s Claim Against Commercial Paint Supplier for Negligent Misrepresentation Under Missouri’s ‘Economic Loss Doctrine’

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC A painting contractor attempted to bring an action against a commercial paint supplier for losses because the supplier’s improper product recommendation caused the contractor to have to remove the paint and reperform the...

Property Owners Can Pursue Negligence Actions Against Contracted Engineer Under Washington State’s ‘Independent Duty Doctrine’ (Variation on ‘Economic Loss Rule’)

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC The Supreme Court of Washington applied the state’s “independent duty doctrine” to allow a professional negligence and a negligent misrepresentation action to move forward by residential property owners against their...

Additional Insured Does Not Lose Right to Coverage Based on Named Insured’s Failure to Provide Notice of Claim to Carrier

by Kent Holland | Apr 8, 2014 | Newsletter Article

Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...

Economic Loss Doctrine Does Not Apply to Negligent Misrepresentation Claims

by Kent Holland | Mar 4, 2014 | Newsletter Article

Contractor asked the court to apply the economic loss doctrine to dismiss an action that alleged negligent misrepresentation concerning the contractor’s services to construct a pre-engineered building to serve as a personal and business location, and to do so in a...

Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect

by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits

School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building.  The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...