News & Analysis as of

Design Professionals

Finding “Common Ground” in a Site Conditions Clause

I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment...more

Call to Action: SB 885

by Best Best & Krieger LLP on

Legislation Would Limit Design Professionals’ Liability on Public Contracts - The California Special Districts Association has issued a “Call to Action” regarding SB 885. If enacted, the legislation would further limit...more

Can A Contractor Sue A Design Professional Without A Contract? Not In Maryland

In some states, courts allow contractors to sue design professionals for negligence even in the absence of a contract. In others, like Maryland, courts apply a rule known as the Economic Loss Rule (ELR) to bar such claims....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

Construction News - December 2015

by Barley Snyder on

Evolution in the Law – Is a “Right to Repair Act” in Pennsylvania’s Future? Various states have attempted through legislation to reduce litigation and increase constructive engagement in construction projects. One...more

Federal Court in Pennsylvania Holds Design Professionals’ Negligence Claim Against Pump Supplier Barred By Economic Loss Rule

by Pepper Hamilton LLP on

Elliot-Lewis Corp. v. Skanska USA Building, Inc., 2015 U.S. Dist. LEXIS 98405 (E.D. Pa. July 27, 2015) - This dispute arises out of a major renovation and expansion of the Franklin Institute in Philadelphia (the...more

Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation....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

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

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

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

by BakerHostetler on

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...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

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with...

Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment...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

Recent Developments in Retrofit Liability of Publicly Accessible Properties

by Faegre Baker Daniels on

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

Arizona State Legislature Expands Prompt Payment to Design Professionals on Public Works Projects

by Snell & Wilmer on

Arizona law has long protected the rights of contractors, subcontractors and suppliers to prompt payment. However, all such protections have not extended to design professionals. For example, in 2013, the Arizona Court of...more

Out-of-State Design Professional Firms Must Register in Nevada to Enforce Contracts for Compensation in Nevada

by Snell & Wilmer on

Nevada, being a small state with a huge tourist attraction (Las Vegas), has often seen out-of-state design and construction professionals retained to provide their unique talents to create landmark quality design or...more

Under Construction - September 2013: Arizona Contractors and Design Professionals Receive Additional Protections Under Arizona’s...

by Snell & Wilmer on

For good reason, much of the focus for Arizona contractors during the recently-concluded legislative session was on transaction privilege tax (TPT) reform. That bill, HB 2111, was ultimately signed by the Governor, but only...more

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

by Snell & Wilmer on

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

Under Construction - June 2013: Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

by Snell & Wilmer on

Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or...more

Municipality Code Review Self-Certification Programs Can Add Exposure to Owners, Developers and Design Professionals

by Snell & Wilmer on

Owners, developers and design professionals who historically have sought to avoid the sometimes long and painful process of municipal code review will likely welcome opportunities to self-certify code compliance to bypass the...more

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