by Kent Holland | Mar 1, 2019 | Newsletter Article
A contractor was awarded a design-build contract to design and build a four-story parking deck. The contractor subcontracted the design to an architectural firm. The Owner-Builder agreement between the contractor and owner listed the name of the architectural firm as...
by Kent Holland | Jun 25, 2018 | Newsletter Article
A city filed suit against an engineering subcontractor, asserting that the city was a third-party beneficiary of the subcontract. The subcontractor filed a motion for summary judgment, arguing that the city lacked privity of contract to file suit. The motion was...
by Kent Holland | Apr 25, 2016 | Newsletter Article
Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC In an effort to revitalize a waterfront area along Lake Michigan, the City of Whiting, Indiana hired an engineering firm to design a lakefront park and marina. The Engineer, in turn, hired a Subconsultant to serve as...
by Kent Holland | Jan 13, 2016 | economic loss doctrine, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...
by Kent Holland | Oct 29, 2013 | Newsletter Article
Subcontractor suit was permitted against a project owner as well as an officer of the project owner in his individual capacity for negligent misrepresentation on the basis that the project owner had represented the General Contractor to be acting on behalf of the...
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