News & Analysis as of

Architects

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

Federal Court in New York Applies Scope of Duty Analysis in Deciding Claim for Architectural Malpractice

by Pepper Hamilton LLP on

Wax NJ-2, LLC v. JFB Constr. & Dev., 13-cv-4537, 2015 U.S. Dist. LEXIS 74508 (S.D.N.Y. June 9, 2015) - Wax NJ-2, LLC (“Wax”) hired the architectural firm GF55 Partners (“GF55”) to design and then inspect construction of...more

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

by Saul Ewing LLP on

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more

CDM Regulations 2015: Have you appointed your principal designer yet?

by Reed Smith on

In April 2015, the new Construction (Design and Management) Regulations (the Regulations) came into force and the transition period is about to come to an end. Are you ready?...more

Owners: Have You Protected Your Project Design?

by Stoel Rives LLP on

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...more

Pennsylvania Commonwealth Court Explains and Applies Active Interference Exception to No Damage for Delay Clause

by Pepper Hamilton LLP on

John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Commw. Ct. July 24, 2015) - This action arose out of the construction of a biomass boiler system for the Penns Valley Area School...more

Defamation and the Common Interest Privilege in the Construction Industry

Construction projects often involve a complex array of contractors, subcontractors, banks, bonding agents, architects, engineers and so on. With that many parties depending on each other to complete a project, negative...more

Saul Ewing Top Ten Construction Clauses: Substantial Completion

by Saul Ewing LLP on

Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that...more

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

by McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

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