Professional Malpractice, Commercial Real Estate

Construction Contracts: Best Practices for Minimizing Risk

by Melissa Dewey Brumback on 2/26/2013

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

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

by Bilzin Sumberg Baena Price & Axelrod LLP on 10/23/2012

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

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

by Martin Callan on 9/28/2011

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...more

Costly Importance of "Another Set Of Eyes"

by Steve Watten on 3/23/2011

The failure to carefully proof our work product is painfully reflected in this article courtesy of, my eagle eye partner, Pat Owens....more

No Chance - Court of Appeal rules not to extend 'loss of chance' to commercial valuations

by Michael Axe on 12/13/2010

In this article, we look at how the courts assess damages in 'loss of chance' cases. Michael Axe also reports on the English Court of Appeal's recent warning regarding the dangers of applying these principles to commercial...more

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

by Melissa Dewey Brumback on 11/23/2010

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?

by Jennifer Lubinski on 9/1/2010

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

Wrongful/Negligent Referrals - Let the Lawyer Beware! Negligence Lawyers - MSEK, New York by Abe Krieger

by Meyer, Suozzi, English & Klein, P.C. on 7/1/2010

In this age of specialists, many lawyers refer clients and potential clients to other lawyers more experienced in a given area of law. Similarly, professionals in different fields refer to other professionals. Indeed, the...more

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

by Richard Gaeckle on 10/21/2009

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....more

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

by Richard Gaeckle on 3/24/2009

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...more

Negative Pledge Agreements: Are They Enforceable?

by Miller Starr Regalia on 9/23/2008

Many lenders are willing to provide a commercial line of credit without obtaining a deed of trust, but require the borrower to execute a negative pledge agreement. These negative pledges or negative covenants, which are...more

The Green Architect

by Richard Gaeckle on 3/28/2008

"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...more

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Professional Malpractice › Commercial Real Estate