by Kent Holland | Mar 28, 2011 | Newsletter Article
Where a certificate of merit is required by state statute to be filed with a complaint alleging negligence against a licensed design professional, a suit that failed to timely file such certificate must be dismissed with prejudice, and the plaintiff cannot correct the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Statutes in several states require that law suits against design professionals be accompanied by an affidavit of merit by an expert, attesting there is a reasonable probability that the defendant did not exercise the requisite standard of care. The issue to be decided...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A construction contractor on a design-build wastewater treatment construction project filed suit against the engineering firms that had entered with them into the design-build venture. A Georgia state statute requires that an expert affidavit be filed with a...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Where an insurance carrier brought a subrogation claim against a engineering firm and its subconsultants to recover insurance monies it had paid under its property policy to its insured townhouse owner as a result of damages to a party wall that occurred during...
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