Where Owner Alleges Only Future Possible Damages and Not Current Actual Damages, Summary Judgment Must be Granted to Engineer

by Kent Holland | Jun 27, 2013 | Newsletter Article

A Water Authority filed suit against its engineering firm for negligence and breach of contract, alleging that various deficiencies in its services caused the Authority to incur costs of having to dig up and investigate pipelines installed by its contractor.  The...

Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred

by Kent Holland | Jun 27, 2013 | indemnification clause, Newsletter Article

Does a typical indemnification clause that requires a party such as a contractor or design professional to indemnify its client for damages the client sustains due to the actions of Indemnitor apply only to damages resulting from third party claims against the client,...

CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

Under Connecticut law it was held that a CGL carrier had a duty to defend its named insured, swimming pool construction prime contractor, against suits by homeowners alleging cracking in their new pools due to defective workmanship by concrete supply subcontractors....

CGL Insurance Carrier in Tennessee Owed Duty to Defend – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

A CGL insurance carrier owed a duty to defend its insured against a homeowner suit that alleged defective work, despite lack of clarity in the complaint that the work was performed by a subcontractor, and despite any indication in the complaint that the work caused...

Subcontractor Entitled to Punitive Damages for Prime’s Breach of Contract

by Kent Holland | Jun 27, 2013 | Newsletter Article

A written subcontract called for the Subcontractor to perform certain debris removal. This work was necessitated by Hurricane Katrina.  Although the contract was only for work to be performed north of a particular highway, the subcontractor claimed that shortly after...

Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract

by Kent Holland | Jun 10, 2013 | Newsletter Article

Summary Judgment must be granted to Architect against Contractor’s suit that claimed Architect tortuously interfered with its contract by recommending that the project owner terminate the contractor for default.  The architect based its recommendation on what it...