by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where a homeowner sued an architect for negligent misrepresentation and violation of the Consumer Protection Act (CPA) based on the fact that the architect prepared and submitted a certification to the local government as...
by Kent Holland | Sep 1, 2015 | Newsletter Article
Gail S. Kelley, J.D., PE ConstructionRisk, LLC In a dispute arising from defective concrete, State Ready Mix, Inc. v. Moffatt & Nichol, 232 Cal.App.4th 1227 (2015), the Appeals court found that the economic loss doctrine barred the concrete supplier’s claim...
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...
by Kent Holland | Apr 8, 2014 | Newsletter Article
James N. Rhodes, J.D. ConstructionRisk, LLC The Supreme Court of Washington applied the state’s “independent duty doctrine” to allow a professional negligence and a negligent misrepresentation action to move forward by residential property owners against their...
by Kent Holland | Oct 28, 2013 | limitation of liability clause, Newsletter Article
An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly...
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