by Kent Holland | Feb 8, 2011 | Newsletter Article
A general contractor sued a project architect, alleging that the architect prepared erroneous design documents knowing that the project owner would supply them to the successful bidder who would be injured if they were inadequate. An appellate court held the...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A subcontractor worked on a project for five months without being paid and then sued the A/E for negligence, claiming that the A/E owed it a duty, as a third party beneficiary, to assure that the contractor maintained a payment bond or paid the subcontractor before...
by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the...
by Kent Holland | Jan 3, 2011 | Newsletter Article
Where an engineer was required by contract with a city to recommend a contractor following competitive bidding, a court held that because the bid by the contractor that the engineer recommended be accepted was dramatically lower than the other bidders, it was...
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