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...
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...
by Kent Holland | Mar 4, 2014 | Newsletter Article, standard of care
Pulte Homes sued the engineering firm that performed certain engineering and testing services for a building site on which it built a home. It alleged that the home developed structural problems after construction due to deficiencies in the engineer’s site work and...
by Kent Holland | Jan 4, 2012 | Newsletter Article, standard of care
A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied...
by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims
In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...
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