by Kent Holland | Aug 21, 2018 | Newsletter Article
This was a negligence cause of action in which the contractor argued that the designer breached duties owed to the contractor by providing deficient plans to the project owner upon which the contractor relied. The designers moved to dismiss, arguing they had no...
by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC The United States District Court for the Northern District of California held that an engineer who prepares documents that contractors will rely on when preparing their bids owes a duty of care to the contractors, and thus can...
by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where a homeowner sued an architect for negligent misrepresentation and violation of the Consumer Protection Act (CPA) based on the fact that the architect prepared and submitted a certification to the local government as...
by Kent Holland | Jul 18, 2012 | Newsletter Article
J. Kent Holland A professional employed by a town to inspect the construction of a subdivision does not owe a duty of care to a developer or its contractor with whom the professional has no contractual relationship where it was not foreseeable and reasonable for the...
by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained...
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