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Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more

Florida Court Holds Contract Claim Does Not Trigger E&O Policy

In its recent decision in Public Risk Mgmt. of Fla. v. One Beacon Ins. Co., 2013 U.S. Dist. LEXIS 150091 (M.D. Fla. Oct. 18, 2013), the United States District Court for the Middle District of Florida had occasion to consider...more

Nevada Supreme Court Extends Design Professional Economic Loss Rule Defense to Negligent Misrepresentation Claims on Commercial...

In 2009, the Nevada Supreme Court (“NSC”) applied the economic loss rule to bar claims of professional negligence by design professionals in commercial construction projects, ruling that “[i]n the context of engineers and...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...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

Building Commissioning and the Role of the CxA

What was once a growing trend, green building and sustainable design—has now become mainstream in building design and construction. Green building is typically associated with environmental responsibility. However, an...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...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

Ethical Considerations in Multiparty Construction Defect Litigation

This paper was presented as part of the National Business Insitute C.L.E. program, "Construction Defect Litigation: From A to Z" in Dallas, Texas. It analyzes common ethical rules governing lawyers which are often implicated...more

Black & Vernooy Architects v. Smith

Holding: Architect has no duty to third-parties related to undiscovered defects created by Contractor.

An Architect providing AIA Contract Administration sued by woman paralyzed when a balcony fell from a home. The subcontractor had used nails instead of bolts to attach it. The architect did not notice the lack of bolts during...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

Claim Against Insurance Broker Time-Barred

A California Court of Appeal has affirmed summary judgment for an insurance broker based on the statute of limitations set forth in California Code of Civil Procedure section 339(1) which provides a two year limitation period...more

Construction Law-Consultants: Beware of overstepping your Authority

Courts do not often examine the authority of a Consultant on a construction project and the liability consequences if the Consultant oversteps its authority. That is the issue in this recent Alberta decision. This decision...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

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

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

What is the Economic Rule and How Does it Effect Me on my North Carolina construction project?

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

DEPOSITIONS: What Are the Real Objections?

In the spirit of my most recent article, "OBJECTION!! There's this case that says . . . ", here is a list of proper and improper objections to deposition questions that you should also keep in the back of your legal pad. ...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....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...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...more

What About the Architects?

In New Jersey, professional engineers are afforded protection for construction site accident by virtue of the site safety statute. Liability for such accidents is imposed only in limited circumstances. However, there is no...more

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