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Design Professionals in Arizona no Longer Owe Duty to Third Parties for Economic Loss

by Kent Holland | Aug 16, 2022 | Newsletter Article

In an important decision, the Supreme Court of Arizona held that design professionals that lack privity of contract with project owners owe no duty to reimburse those owners for purely economic losses.  This is a reversal of the 1984 decision in Donnelly Construction...

Road Construction Contractor Owed Duty of Care to Motorist

by Kent Holland | Dec 29, 2020 | Newsletter Article

A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due...

Site Safety – No Duty of Care Owed by General Contractor to Subcontractor’s Employee

by Kent Holland | Mar 26, 2019 | Newsletter Article

Although contract between the general contractor (GC) and project owner required the contractor to assume supervisory and safety responsibility over the project, the contract also required the GC to require its subcontractors to assume the same responsibilities for...

Contractor Cannot Sue Engineer for Damages Allegedly Caused by Construction Administration

by Kent Holland | Jan 22, 2019 | Newsletter Article

Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....

Construction Manager Not Liable for Defective Work by Contractor

by Kent Holland | Jan 22, 2019 | Newsletter Article

Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...
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