Tag Archives: negligence

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) This case arose out of a housing development project, with Amberwood Development Inc. (“Amberwood”) acting as the general … Continue reading

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Colorado Court of Appeals Upholds Summary Judgment Barring Owner Tort Claims Against Service Contractor Pursuant To Economic Loss Rule

Engeman Enterprises, LLC, v. Tolin Mechanical Systems Company 2013 Colo. App. LEXIS 345 (Colo. App. Mar. 14, 2013) Engeman operates a cold storage facility and Tolin designs, installs, maintains, and repairs cooling systems. In 2008, Engeman engaged Tolin for an … Continue reading

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U.S. District Court in New Jersey Holds Economic Loss Doctrine No Bar to General Contractor’s Delay Claims Against Architect

SRC Constr. Corp of Monroe v. Atl. City Housing Auth. 2013 U.S. Dist. LEXIS 47301 (D.N.J. April 2, 2013) The U.S. District Court for the District of New Jersey denied a defendant architect’s motion for summary judgment, holding that the … Continue reading

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Massachusetts Supreme Court Holds Expert Testimony Is Not Always Required to Support Professional Negligence Claim

LeBlanc v. Logan Hilton J.V. 463 Mass. 316 (2012) The Massachusetts Supreme Court ruled where there is evidence that design professionals had actual knowledge of deficiencies in the installation of electrical switchgear but failed to fulfill their contractual duties to … Continue reading

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U.S. District Court In Kansas (Applying Texas Law) Holds That Indemnity Clause Which Failed to Call Out Indemnitee’s Negligence Did Not Afford Indemnity for Attorneys’ Fees Even Where Indemnitee Sued for Negligence Was Found Not Negligent

Martin K. Eby Constr. Co., Inc. v. OneBeacon Ins. Co.,   2012 U.S. Dist. LEXIS 131875 (D. Kan. Sept. 17, 2012) Eby was the contractor for a project to build a water pipeline in Texas. KBR was the construction manager … Continue reading

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