Expert Witnesses
Advise & Consult 12608 S. 125 W., B2 Draper, UT 84020 Tel: 801.641.8304 Contact: Jeff Childs Email: jeff@adviseandconsult.net A/E/C Strategy, Inc. 10 Post Office Square, Suite 316 Boston, MA...
View ArticleDispute Resolution
American Arbitration Association (AAA) Architects/Engineers Dispute Resolution Group Gary M. Prather, P.E., MS, MBA 816-444-5065 Gary@ae-dr.com www.ae-dr.com ____________________________ Construction...
View ArticleBuilding Information Modeling (BIM)
_______________________________________________________ Autodesk Benefit from greater insight using Autodesk’s intelligent model-based Building Information Modeling (BIM) solutions for planning,...
View ArticleDirectory of Claims Consultants
Abacus Dispute Resolution 4685 Mac Arthur Court, Suite 210 Newport Beach, California 92660 1-800-475-2070 Adkins & Company, Inc. 8435-A Backlick Rd, P.O. Box1213 Newington, VA, 703-339-1090 A/E/C...
View ArticleContractor had no Professional Liability Coverage under CGL Policy
When a swimming pool builder was sued by an individual that suffered injury in the pool that the builder contracted with the health club to design and construct. The complaint alleged negligent...
View ArticleContractor Cannot make Performance Bond Claim when it Failed to Terminate its...
GC barred from recovering from the surety for damages allegedly incurred due to faulty work of subcontractor because it failed to meet the conditions precedent to the performance bond responsibility....
View ArticleSubcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead...
GC and its subcontractor disagreed over whether the scope of work of the subcontract required the Sub to remove all pavement in a parking lot or only the concrete portion of the pavement. The bidding...
View ArticleBe Careful about Responsibility for Defective Cost Estimates in Current...
In reviewing and negotiating design professional contracts our office often sees contract clauses stating that the design professional must design a project to meet the client’s budget and that, if...
View ArticleEconomic Loss Doctrine Inapplicable to Condo HOA suit
Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium...
View ArticleNo Insurance under CGL Policy for Contractual Dispute
Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties...
View ArticleIndemnification: Contractor’s Employee not an “Agent” entitled to...
In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an...
View ArticleSummary Judgment where Insufficient Expert Testimony to Prove Negligence
Construction contractor entitled to summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor...
View ArticleShifting Liability from Contractor to Owner: Texas Finally Joins the Rest of...
By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1,...
View ArticleIndemnification – Negotiating a Reasonable Clause
Check out my 4 minute video showing how our firm redlines changes to an indemnification clause to allocate the risk more reasonably for the Indemintor. This is available on the Kent Holland YouTube...
View ArticleContract Drafting Tip: The Flow–Down Incorporation by Reference Clause
This article is written from the subcontractor’s perspective. When negotiating its subcontract, the subcontractor may be successful in obtaining reasonable clauses concerning standard of care, time...
View ArticleImplied Warranty and Workmanship Claims Cannot be Waived by Homeowner
Arizona Court of Appeals held that where homeowner signed a contract that waived its right to make claims against the Builder for breach of implied warranty of workmanship, the waiver was...
View ArticleEngineer has no Exemption from Liability under Statute Providing Insurance...
A summary judgment in favor of an engineer was reversed on appeal, with the court holding that an engineer that performed a post-loss insurance claim investigation was not protected by a state statute...
View ArticleArbitration Award Affirmed Despite Objections that one of Arbitrators Failed...
In an interesting court decision enforcing an arbitration award, the Court of Appeals of Washington, D.C. affirmed a three person arbitration panel’s decision in favor of a contractor against a...
View ArticleLimitation of Liability Clause Ambiguous in Engineering Agreement
A contract between an Engineer subconsultant and an Architect contained a limitation of liability clause stating that liability was limited to twice the amount of Engineer’s fee. When Architect sued...
View ArticleContract Deemed Express Contract Despite Contractor Failing to Sign It
Contractor provided written proposal to project owner, containing details of the scope of work, as well as payment obligations. The Owner signed it and made several payments for work performed by the...
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