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Professional negligence: conveyancers on both sides of a property purchase found liable to a defrauded buyer

In Purrunsing v. A'Court & Co (a firm) and House Owners Conveyancers Limited (2016) EWHC 789 (Ch) Judge Pelling QC in the Chancery Division of the High Court held that both the buyer's and seller's conveyancing solicitors...more

Real Estate E&O Policy Exclusions Arising from Bank-Owned Properties

From the 2015 PLUS Conference session “2015 Real Estate E&O Trends,” Mike Smith (Axis Insurance Services), Eric Myers, RPLU (Victor O. Schinnerer & Co.) and Gary Shendell (Shendell & Pollock) discuss the real estate E&O...more

Appellate Notes: Week of July 15th

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut law, and provide practical practice pointers to litigants. more

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 built-in change clause can anticipate every problem. That is why good communication and clear expectations of the parties up front are essential to minimizing or avoiding risk. This article discusses (1) negotiation of key construction contract terms (including scope of work, responsibilties of each party, and dispute resolution proceedures); (2) proper management of construction changes (including construction administration vs construction supervision, change orders, construction change directives, and project delays); and (3) termination of the construction contract (including for cause, for convenience, and wrongful termination). Contract procedures under the AIA, EJCDC, and ConsensusDocs form contracts are also discussed.more

Taxing Times: HMRC set to fine firms £3,000 for "assisting in preparation of incorrect SDLT returns"

Her Majesty’s Revenue & Customs (“HMRC”) has announced that it intends to start imposing the maximum penalty of £3,000 in respect of online and paper SDLT returns under section 96 of the Finance Act 2003, due to worryingly high numbers of errors on submitted SDLT returns.more

Defining the Architect's and Engineer's "Standard of Care"

This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects.more

Real Estate Inspections and Misrepresentations: Must the Real Estate Agent Beware?

With misrepresentation and fraud claims on the rise, real estate agents and brokers should understand the legal consequences of the home inspection contingency, especially when it has been waived by buyers.more

"Am I Covered?" Insurance Considerations for the Design Professional "Going Green"

The emergence of green building and sustainable design has introduced the world of building construction to new territory in the realm of energy savings and design implementation requiring new innovations in project delivery. On the flip-side, green building has also introduced new avenues of liability and exposure to design professionals beyond the traditional risks inherent in performing professional design services. Most business savvy design professionals make the wise decision to invest in professional liability insurance to cover the risks of an unfortunate error or omission. However, in the environment of green building and sustainable design, traditional liability insurance may not be adequate to cover the risks and potential exposure of a failed green project. For the design professional considering “going green” the question which must be asked is: “Am I covered?”more

Repose Re-Examined: When Does the Period Begin to Run?

The Statute of Repose, N.J.S.A. 2A:14-1.1, was enacted in 1967 in an attempt to limit the liability of designers and contractors. In nearly as many years since its enactment, judicial interpretations have examined and reexamined the statute addressing issues ranging from its constitutionality to what constitutes an unsafe condition. One issue, however, which has often presented much debate is when the period of repose begins to run. While several opinions have attempted to answer this basic question, it was not until recently, with the decision Daidone v. Buterick Bulkheading, 191 N.J. 557 (2007), that our Supreme Court had spoken definitively on this subject.more

The Green Architect

"Going Green" may mean increased liability for architects and other design professionals. While architects, as well as other design professionals, are held to the standard of care of the average architect practicing in the same or similar community, how will the growing tend of green building and sustainable design impact this standard? Will architects now be held to the standard of the average "green" architect?more

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