by Kent Holland | Feb 10, 2016 | Newsletter Article
J. Kent Holland, J.D. ConstructionRisk, LLC Where two architects competed for the design of a condominium building, the unsuccessful prospect sued the chosen architect for copyright infringement of its design, claiming the architect had copied the design and had...
by Kent Holland | Feb 1, 2016 | Newsletter Article
J. Kent Holland, J.D. ConstructionRisk, LLC A condominium homeowner association suit was dismissed on summary judgment, which was subsequently affirmed on appeal, because the experts failed to present detailed evidence and explanation of the various elements of the...
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 | Jan 14, 2015 | economic loss doctrine, Newsletter Article
Where a condominium association filed suit asserting negligence claims against the general contractor that built the complex, alleging defective workmanship including deficient masonry work and use of unauthorized black building paper in place of specified...
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...
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