News & Analysis as of

Architects

New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims

by Hellmuth & Johnson PLLC on

Important changes to Minnesota law were recently made that will affect real estate developers, builders, associations and unit owners. Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (“MCIOA”),...more

Ninth Circuit Upholds Owners Rights to Seek Contribution From Third Parties for ADA Violations

In a victory for owners of facilities covered by the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Ninth Circuit has upheld a property owner’s right to seek contribution from third parties who fail...more

Giving professional advice for free – what is my liability?

by Allen & Overy LLP on

An architect who provided professional services to her friends, free of charge and without a contract, nevertheless owed a duty of care to exercise reasonable care and skill and was therefore legally responsible for her...more

2017 AIA Documents – They Are A-Changin’: What You Need to Know About the AIA’s Revisions to the A201 “General Conditions of the...

The American Institute of Architects (AIA) published its first contract document in 1888 when it published its Uniform Contract between Owner and Contractor. Since then, the AIA has significantly updated and expanded its...more

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

by Carlton Fields on

A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of...more

AIA Releases 2017 Construction and Design Agreements

by Dickinson Wright on

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions...more

Texas Supreme Court Allows Cure for Missing Certificate of Merit

by Strasburger & Price, LLP on

Section 150.002 of the Civil Practice and Remedies Code requires a plaintiff seeking damages arising from services rendered by a licensed professional (e.g., engineers, architects) to file with its original petition an expert...more

Texas Supreme Court Removes Procedural Gotcha in Lawsuits Against Engineers, Architects, and Other Licensed Professionals

by King & Spalding on

On April 28, 2017, the Texas Supreme Court held that trial courts have discretion whether to dismiss a lawsuit against a licensed professional with or without prejudice when a plaintiff fails to file an expert affidavit...more

In New Contract Documents, AIA Bolsters Insurance Requirements: An In-Depth Look

by Faegre Baker Daniels on

Most contract documents published by the American Institute of Architects (AIA) are on a ten-year drafting cycle. The principal owner-architect agreements, owner-contractor agreements, as well as the general conditions...more

American Institute of Architects Releases 2017 Contract Documents

by Lane Powell PC on

Lane Powell strives to help our clients stay ahead of the curve on all matters concerning construction law. This is a quick note to let you know that the American Institute of Architects (AIA) released its 2017 Construction...more

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of...

by Pepper Hamilton LLP on

D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) - This case arose out of a construction project in which the Oldham County Board of Education...more

Risks of BIM

by Pepper Hamilton LLP on

When building information modeling (BIM) technology first gained widespread use, commentators warned of new legal risks posed by the information sharing and collaboration essential to the process. Contractors and designers...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

by Dentons on

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

Eastern District of Pennsylvania Distinguishes Bilt-Rite in Dispute Involving Information Provided to Designers by Remedial...

by Pepper Hamilton LLP on

Elliott-Lewis Corp. v. Skanksa USA Bldg., Inc., 2016 U.S. Dist. LEXIS 59406 (E.D.Pa. May 4, 2016) - The Federal District Court for the Eastern District of Pennsylvania held that the narrow exception to the economic loss...more

A House of Cards: How Much Copyright Protection Remains for Architectural Works

by Snell & Wilmer on

Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel...more

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)....more

Exceptions to the temporary finality of interim payment certificates and the architect’s role in enforcement proceedings - A case...

by Dentons on

The issue before the Court of Appeal was whether an employer could establish any exceptions in clause 31(13) of the Singapore Institute of Architects Articles and Conditions of Building Contract (“SIA Conditions”) to...more

Williams Mullen Construction Industry Newsletter - Spring 2016

by Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Construction Corner: Design Contract Basics

by Shipman & Goodwin LLP on

In prior Construction Corner posts, we discussed statutory requirements and guidelines for the procurement of architectural services. Here we will address the basic elements of design contracts between public and private...more

Contractor’s Lawsuit Against Architect for Tortious Interference Allowed to Proceed

by PretiFlaherty on

A U.S. District Court Judge for the District of Massachusetts has allowed a lawsuit to proceed brought by a contractor against an architect, alleging the architect falsely certified grounds for termination to the project...more

Construction Group News: Contractor Terminated by Owner Can Sue for Interference

by Murtha Cullina on

A contractor terminated by a project owner brought suit against the architect alleging that the architect falsely certified grounds for termination. Barr Inc. v. Studio One, Inc., 2015 U.S. Dist. LEXIS 156007. C.A. No....more

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

by Carlton Fields on

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Are You Responsible for a Project’s Design as a Construction Manager-At-Risk?

In keeping with a growing trend, in 2004, Massachusetts departed from the exclusive use of the traditional “design-bid-build” project delivery method for public projects and permitted public agencies to employ the less...more

The 60-Second Construction Journal

by LeClairRyan on

When the Worcester State Hospital psychiatric facility was being built in Worcester, Mass., the state’s Division of Capital Asset Management and Maintenance (DCAM), the project’s owner, entered into a contract with an...more

Massachusetts State Building Code Update: 9th Edition Anticipated to be Issued without Concurrency Period

by Goulston & Storrs PC on

The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it expects to issue the 9th Edition of the Massachusetts State Building Code in the first half of 2016, which will...more

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