by Kent Holland | Jun 23, 2022 | Newsletter Article
A worker was injured when he fell through a skylight opening in a roof on which he was working. He alleged common-law negligence and violation of the New York Scaffolding Act against the construction manager (CM) and project owner. Appellate court held, on the issue...
by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland, Jr. The question of who will own a design professional’s instruments of service is one issue of great concern when I review professional services contracts that design professionals are being pressed to sign by project owners. Standard form...
by Kent Holland | Mar 28, 2011 | indemnification clause, Newsletter Article
Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability...
by Kent Holland | Feb 18, 2013 | Newsletter Article
After a project owner lost its arbitration against a construction contractor it filed a lawsuit against its Architect to recover damages for breach of contract on the same project. The trial court granted summary judgment to the Architect on the basis that the adverse...
by Kent Holland | Jun 19, 2019 | Newsletter Article
An engineer that prepared a Request for Proposals (RFP) owed no duty to a bidder on a sewer authority project as a third-party who could foreseeably be injured or suffer economic loss due to engineer’s negligent performance of a contractual duty owed by the engineer...
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