by Kent Holland | Feb 9, 2011 | Newsletter Article
A professional liability claim against an architect was governed by a three-year statute of limitations applicable to non-medical, professional malpractice rather than the six-year statute for actions based on breach of contract. Regardless of whether the alleged...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits, the court held that the contract between the CM and owner did not...
by Kent Holland | Feb 8, 2011 | Newsletter Article
An individual who was injured when he fell from bleachers that were not protected by handrails sued the City of New York and others for negligence based on an alleged violation of a city building code. A trial court found that the violation constituted negligence per...
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A court dismissed a project owner’s suit against the manufacturer of flooring materials that were used in the building because there was no privity of contract between the owner and he manufacturer. The manufacturer was a subcontractor to the flooring contractor...
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