by Kent Holland | Feb 7, 2011 | Newsletter Article
The City of North Miami hired an engineering firm (“BB&L”) to assist it in implementing an environmental cleanup plan for a landfill that was on the U.S. EPA National Priorities List because of uncontrolled hazardous releases that included ammonia leaching into...
by Kent Holland | Jul 25, 2011 | Newsletter Article
Design Professional’s alleged errors were not the proximate cause of the death of a construction worker, and summary judgment was correctly granted because intervening negligent acts of the general contractor broke any causal connection between the alleged negligence...
by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care
Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied. This is due to breach of contract language requiring absolute code compliance. The...
by Kent Holland | Jun 19, 2019 | indemnification clause, Newsletter Article
A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out...
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