News & Analysis as of

Architects Negligence

Smith Anderson

Contractors vs. Designers - Claims Alive in North Carolina

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North Carolina Courts have held for decades that general contractors can assert negligence claims directly against design professionals in the absence of a contractual relationship between the contractor and the design...more

Nelson Mullins Riley & Scarborough LLP

Standard of Care: Lawyers’ Legal and Ethical Obligations to Clients and Community

The current difficulties managing the worldwide response and recovery to the Covid-19 pandemic highlights the need for attorneys to take the lead on behalf of their clients and communities in an effort to create communities...more

Saul Ewing LLP

Developer is Not Indemnified for its Own Conduct Without an Express Agreement in the Indemnification Clause

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In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be...more

Bradley Arant Boult Cummings LLP

Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and...

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more

Troutman Pepper

How Much Control Is Too Much Control? Federal Court In Florida Holds Designers’ Supervision of Project And Issuance Of Design...

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Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) - This case arises out of the design and construction of a science museum in Miami, Florida (the...more

A&O Shearman

Giving professional advice for free – what is my liability?

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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

Carlton Fields

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

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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

Troutman Pepper

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

Troutman Pepper 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

Eversheds Sutherland (US) LLP

New Florida Statute Allows Limitation of Design Professional Liability

Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a construction project,...more

K&L Gates LLP

In Site Winter 2012/2013

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Welcome to the Winter 2012/2013 edition of In Site. This edition covers the following topics: - Game changer? Building Information Modelling. In this article we look at some of the points made in the Government’s...more

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