by Kent Holland | Dec 19, 2016 | economic loss doctrine, Newsletter Article
An error was made by a surveyor in setting the level for a foundation pad for a church building. A construction contractor then proceeded to excavate dirt from the foundation area, believing the resulting level would be higher than required by the base flood...
by Kent Holland | Sep 6, 2016 | Newsletter Article
By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....
by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC A subcontractor performing masonry work for renovations of buildings at the Langley Air Force Base recovered in a breach of contract action against the Prime Contractor who, after receiving full payment for the subcontractor’s...
by Kent Holland | Oct 27, 2015 | Newsletter Article, standard of care
By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000 was not a breach of its contract. However, the firm’s...
by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care
Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...
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