by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims
In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...
by Kent Holland | Jan 12, 2012 | indemnification clause, Newsletter Article
Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages. Wal-Mart’s first party claim...
by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care
Where a contractor filed suit alleging that an engineering firm was negligent in designing, engineering and surveying land where a group of homes were planned to be built, the trial court granted summary judgment for the engineer because expert testimony offered by...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The mold exclusion in a builder’s risk insurance policy was held to be applicable to mold damage that resulted from covered watered damages that resulted when vandals turned on water taps of a new house just after substantial construction had been completed. Although...
by Kent Holland | Dec 31, 2010 | Newsletter Article
In this case, the court considered the scope of an assignee’s right to recover damages from an engineer that breached a contract made with the assignor. The engineer argued that while it may have breached a contract or duty before the assignment occurred, the assignee...
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