Agreement to Indemnify Project Owner for Penalties due to Violations of Americans with Disabilities Act Is Void and Unenforceable

by Kent Holland | Nov 27, 2012 | indemnification clause, Newsletter Article

Where design professionals agree by contract to indemnify a project owner for “any damages arising from any act, omission, or willful misconduct”, that provision cannot be enforced when the damages at issue arise out of violations of the Americans with Disabilities...

Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid

by Kent Holland | Nov 27, 2012 | Newsletter Article

The bidder on a public school project has no valid business expectancy of being awarded a contract, only “wishful thinking,” and in the absence of evidence of fraud, injustice or a violation of trust, it’s tortious interference claim against the owner’s architect for...

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

by Kent Holland | Nov 27, 2012 | Newsletter Article

Where an employee of a contractor was injured in the collapse of an unshored 25 foot deep trench, he filed suit against his employer – asserting that the exclusive remedy of the workers’ compensation act did not bar the suit due to the exception that is granted under...

Additional Insureds Are Denied Coverage Where Carrier Rescinds Policy of Contractor That Had been Issued Based on Misrepresentations in the Policy Application Concerning the Nature of Contractor’s Work

by Kent Holland | Nov 27, 2012 | Newsletter Article

When a tower crane collapsed in New York City, killing seven people, injuring dozens more, and damaging several buildings, the contractor that was operating the crane was denied coverage by it’s excess liability carrier for several distinct reasons.  The first reason...

GC Had No Site Safety Liability Since it did Not Exercise its Retained Control Over the Job Site to Such an Extent as to Affirmatively Contribute to the Injuries of a Subcontractor’s Laborer

by Kent Holland | Oct 31, 2012 | Newsletter Article

Where a masonry subcontractor employee was injured by slipping on a plastering subcontractor’s wet scaffolding, the laborer sued the project general contractor (GC) alleging his injuries were caused by the GC’s negligence in sequencing and coordinating construction...

Economic Loss Doctrine Bars Suit against Design Firm Where there is No Privity of Contract Regardless of Whether Designer Might Have Deviated from Industry Standards

by Kent Holland | Oct 31, 2012 | Newsletter Article, standard of care

Suit was filed by an entity with an ownership interest in the project against two engineering firms that were subcontractors to one of the engineering firms that the general contractor (GC) contracted with to provide design services for a thermal energy system (an...