by Kent Holland | Sep 25, 2020 | Newsletter Article
Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool. In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...
by Kent Holland | Sep 26, 2017 | economic loss doctrine, Newsletter Article
The economic loss rule was applied by a trial court to bar a homeowner in a contractual relationship with a contractor from suing for fraud instead of only for breach of contract. This was reversed on appeal, with the appellate court holding that while claims for...
by Kent Holland | Jun 14, 2016 | Newsletter Article
Kent Holland, Jr. ConstructionRisk, LLC A condominium association sued the developer and contractor that constructed and sold the condominium complex. Some of the condo units experienced water seepage and resulting damage. An expert determined that water was entering...
by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits
School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building. The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...
by Kent Holland | Jan 30, 2014 | Newsletter Article
A question often arises whether there is insurance coverage under a commercial general liability (CGL) policy for damage the insured contractor’s own work. Many states require that there is no insurable “occurrence” under a CGL policy unless there has been damage to...
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