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...
by Kent Holland | Feb 17, 2014 | Newsletter Article
Many states require that when a complaint is filed against a design professional, an affidavit of an expert must be filed simultaneously (or within a short period thereafter) stating that in the opinion of the expert the defendant design professional failed to meet...
by Kent Holland | May 22, 2017 | Newsletter Article
The Supreme Court of Mississippi affirmed a decision that we reported on last year in the case of McKean v. Yates Engineering, affirming that where a subcontractor’s employee was injured when scaffolding collapsed, the engineer working for the prime contractor was not...
by Kent Holland | Sep 26, 2017 | limitation of liability clause, Newsletter Article
Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by...
by Kent Holland | Nov 15, 2017 | Newsletter Article
A limited liability company (LLC) that completed an asset purchase of a corporation, was subsequently sued for damages allegedly caused by acts and omissions of a corporation that occurred long before the asset purchase. Summary judgment was granted for the LLC on...
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