by Kent Holland | Oct 27, 2015 | indemnification clause, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...
by Kent Holland | Sep 1, 2015 | Newsletter Article, standard of care
Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional negligence claims against design professionals. These laws, which evolved...
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 | Nov 14, 2013 | Newsletter Article
The Maryland Court of Appeals held that a company’s suit against an engineering firm could go forward without an expert certificate because the complaint did not necessarily allege any negligence of a licensed professional involving specialized professional knowledge....
by Kent Holland | Feb 20, 2013 | Newsletter Article
A Texas requirement, that a plaintiff must file a certificate of merit signed by an expert when it files a complaint against an engineer, was deemed waived by the defendant (engineer) where the engineer substantially participated in the litigation process over a three...
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