Contractor Claim Against Second Tier Sub Barred by Lack of Contract Privity

by Kent Holland | Nov 18, 2014 | Newsletter Article

James Rhodes, Esq. ConstructionRisk Counsel, PLLC A federal district court, applying Nebraska law, dismissed several causes of action by a prime contractor against its second-tier subcontractors due to the lack of a contractual relationship between them (in legal...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied. This is due to breach of contract language requiring absolute code compliance. The...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...

Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract

by Kent Holland | Jan 30, 2014 | Newsletter Article

By James Rhodes & Kent Holland A federal district court in Pennsylvania ruled that the insurer of a hotel’s second owner could advance a negligence action against the general contractor for alleged code violations that may have contributed to a fire. Ultimately,...

Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract

by Kent Holland | Dec 28, 2012 | Newsletter Article

It can be a perplexing issue whether a project owner that believes its contractor or design professional has breached its contract due to defective work or faulty performance can sue under a theory of negligence as well as for breach of contract. Where the alleged...

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Contractor Claim Against Second Tier Sub Barred by Lack of Contract Privity

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract

Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract

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Contractor Claim Against Second Tier Sub Barred by Lack of Contract Privity

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

Insurer of Hotel’s Second Owner Can Pursue Negligence Action Against Original Owner’s Builder for Contractor Owed Duty to Subsequent Property Purchaser for Code Despite Lack of Privity of Contract

Project Owner Permitted to Pursue Negligence Claim Based on Breach of Contract

Search

Get the Newsletter

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Contract Guide for Design Professionals

Recent Newsletters

All Newsletters

Risk Management Workshops

Life Skills Workshop Slides

Contract Clauses – Papers and Articles

Construction Risk Management