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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
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
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
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
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
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
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
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
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
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
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
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
This article discusses the legal "standard of care" for architects, engineers, and other design professionals on construction projects....more
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
New North Carolina case hits architecture firm for failing to coordinate in Design-Bid-Build construction project....more
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
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
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
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
"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
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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