Commercial Law & Contracts › Construction Law › Professional Malpractice

Construction Contracts: Best Practices for Minimizing Risk

Reducing risk starts before the ground is broken on a construction project. Construction contracts are unique in that they anticipate change will occur during the project for a multitude of reasons. However, not even the...more

You Don’t Need to be Goliath to Get Sued for Professional Malpractice (infographic)

Think most business lawsuits effect the “big guys”? Not according to the folks at Bolt Insuarnce. According to them, 57% of lawsuits effect companies making less than $1 million in revenue. Did you know that 1 in 3 small...more

Pacific Rim v. Aon: Insurance Broker Has No Duty to Inform Subcontractor of Developer’s Insurnace Company’s Insolvency

The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more

Be Sure to Read the Fine Print In a Consultant's Proposal

When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant. One of the key components of the professional services agreement...more

Black & Vernooy Architects v. Smith

En Banc Opinion

Architects did not owe duty to third party based on contractual duty to owner to report known defects from site observations in connection with injury-causing defect that architect did not observe....more

Know Your Risks: Professional Liability for Engineers Under Kentucky Law

Every year, scores — if not hundreds — of cases are filed in Kentucky courts asserting claims involving construction projects. As players on the construction team, civil, structural and mechanical engineers face significant...more

The Duty of Design Professionals and the Privity Defense

It has been long settled that a contractor may maintain an action against a design professional even in the absence of contractual privity. However, while current law supports the proposition that a contractor may maintain an...more

Failing to Coordinate in Design-Bid-Build Project Costly Mistake

New North Carolina case hits architecture firm for failing to coordinate in Design-Bid-Build construction project....more

Exceptions to the Economic Loss Rule in North Carolina

When a construction project goes awry, who can you sue, and what theories are available to you? If you have a contract, you may not be able to sue under a negligence or "tort" theory because of the application of the...more