by Kent Holland | Dec 31, 2010 | Newsletter Article
Where retaining walls for the foundation of a food distribution center began to evidence stress and potential failure, the building owner filed a suit against various design firms, contractors and subcontractors that had been involved in the design, inspection,...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Kroger Company brought suit against an engineering for breach of contract based on allegations that the engineering service were “ineffective, performed negligently, and their implementation caused additional damages to the Kroger Store.” Summary judgment was granted...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The California Court of Appeals issued an important opinion regarding UDC v CH2M Hill affecting construction professionals. The decision is the first of its kind to interpret a design professional’s duty to defend under an indemnity agreement in light of the...
by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care
A plaintiff’s expert witness was challenged by the defendant on the basis that the expert’s testimony failed to adequately demonstrate that there was a consensus within the architectural community for the standard of care that he asserted applied in the case. The...
by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care
A Court of Appeals in Texas ruled that expert testimony is required to establish the standard of care of a construction management firm since a lay person would not have sufficient knowledge of the duties of a construction management firm. Judgment was entered for the...
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