Economic Loss Doctrine Bars Suit against Design Firm Where there is No...
Suit was filed by an entity with an ownership interest in the project against two engineering firms that were subcontractors to one of the engineering firms that the general contractor (GC) contracted...
View ArticleEngineer Can be Sued for Breach of Warranty of Professional Services
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...
View ArticleStatute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit:...
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...
View ArticleA/E Subject to Liability for Code Compliance Pursuant to Contract Language...
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...
View ArticleA/E Failure to Meet Standard of Care Entitles Project Owner to Recover on...
Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the...
View ArticleCourt Holds New Jersey Affidavit of Merit must be from Like-Licensed...
Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional...
View ArticleFailure to Design According to the IBC Was Not Breach of Contract But Could...
By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000...
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