News & Analysis as of

Designer Professionals' Liability

Marshall Dennehey

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design...

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American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related...more

J.S. Held

Understanding Developing Issues in Access to Design Data: Implications for Designers

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In recent years, the UK Government has pushed for Building Information Modelling (BIM): “BIM is a process for creating and managing information on a construction project across the project lifecycle”. BIM creates a data...more

Troutman Pepper

Non-Delaware PE Firms Should Be Aware of Potential Jurisdictional Hook

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In In re Pilgrim’s Pride Corporation Derivative Litigation, the Delaware Court of Chancery held that a foreign controlling stockholder impliedly consented to personal jurisdiction in Delaware because the controller’s...more

Carlton Fields

Arbitration Award Against HGTV Designer Confirmed Due to Failure to Raise Fairness Objections During Arbitration

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The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad. One of the affiliated companies brought an arbitration proceeding against the...more

Williams Mullen

Williams Mullen Construction Industry Newsletter - Spring 2016

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

Porter Hedges LLP

Texas Supreme Court Unanimously Blocks Contractors' Economic Loss Tort Claims Against Designers

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Texas contractors have long tried to directly sue their owners’ professional design firms -- rarely with success -- when faulty plans cause economic losses such as increased costs from delays and disruptions. A few cases in...more

Porter Hedges LLP

Economic Loss Rule of the Third Kind - Nothing New or Alien Concepts?

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Can a contractor sue the project’s designer for losses allegedly caused by errors in construction documents? This question was presented in the Eby v. LAN/STV case, which is now before the Texas Supreme Court....more

Snell & Wilmer

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

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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

Cranfill Sumner LLP

Annual Review of Significant Cases Affecting Design Professionals

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This annual update is to provide a review of the most significant decisions impacting design professionals. The cases will consider the following important issues: the effect contractual language has on a professional...more

Holland & Knight LLP

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

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A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. ...more

Burns & Levinson LLP

Design & Construction Practice: 2012 Year in Review

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It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

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