The Design and Construction Management Professional Reporter: November 2011
Inside this issue:
Texas “Loser Pays” Legislation Brings Significant Changes to Texas Civil Practice
By Amanda Y. Sirk, Esq.
Pennsylvania’s New “Fair Share” Act Provides A More Equitable Distribution of Damages Among Design Professional Defendants
By Megan E. Lehman, Esq.
Design Professionals’ Gains in New Jersey’s Economic Loss Doctrine
By Eric Cohen, Esq.
Nevada Supreme Court Strictly Enforces Certificate of Merit Statutes
By Sa’adiyah K. Masoud, Esq.
New Jersey Appellate Court Limits Liability Based upon Reasonable Contractual Provision
By Jacqueline J. Rompre, Esq.
Read MoreThe Design and Construction Management Professional Reporter: July/August 2011
Inside this issue:
Fourth Circuit Court of Appeals Upholds Preclusion of Owner’s Indemnification and Contribution Claims Against Architect Under the Fair Housing Act and the Americans with Disabilities Act
By Peter C. Lenart, Esq.
The United States Court of Appeals for the Third Circuit Enforces a Waiver of Consequential Damages Provision and Holds that a Contractual Indemnity Provision Applies Only to Third-Party Disputes
By Rita C. Mercado, Esq.
Texas Supreme Court Holds That Parties Are Permitted to Agree to Expand Judicial Review of Arbitrator’s Decision
By Meredith L. Murphy, Esq.
New Hampshire Court Finds Plaintiff’s Claims Barred by the Statutes of Limitations and Repose and Dismisses All Claims Against Architect
By Jacqueline J. Rompre, Esq.
Read MoreThe Design and Construction Management Professional Reporter: March/April 2011
Inside this issue:
Recent CA Jury Verdict May Heighten Duty for Design Professionals
By Carrie G. Strasser, Esq.
Comparative Analysis of Architect’s Duty to Guard against Construction Defects which Threaten Public Safety
By Kristina S. Raevska, Esq.
Wyoming Court Adheres to the Economic Loss Doctrine to Bar Negligent Misrepresentation Claims
By Luke R. Conrad, Esq.
Florida Courts Bars Limitation of Liability Provisions in Professional Negligence Cases against Individual Professionals
By Kristen R. Ragosta, Esq.
United States Court of Appeals for the Ninth Circuit Recognizes Exception to Economic Loss Doctrine in Washington State
By Daniel C. Poteet, Esq.
Read MoreDesign & Construction Management Professional Reporter: September/October 2010
Inside this issue:
Green and Sustainable Design: Part 2: Contractual and Risk Management Recommendations for Design Professionals to Manage Risk and Maximize the Availability of Professional Liability Insurance
By Sue E. Yoakum, AIA, Esq., Donna M. Hunt, Lexington Insurance Company, and Valerie P. Onderaka, Risk Specialists Companies Insurance Agency, Inc.
Significant Change in Colorado Law Impacts Traditional Coverage interpretation of Commercial General Liability Insurance Policies
By Peter C. Lenart, Esq.
Colorado Court of Appeals Recognizes Economic Loss Rule as Defense to Contractor’s Fraud Claims Against Engineer
By Daniel C. Poteet, Esq.
Hawaii Appellate Court Confirms Construction Defect Claim Does Not Constitute an Occurrence Under a Commercial General Liability Policy
By Amanda Sirk, Esq.
Economic Loss Rule: A Variable Defense in Colorado for Design Professionals
By Marisa Skoglind, Esq.
Colorado Court Bars Limitation of Liability Provisions for Design Professionals
By Justin Jagher, Esq.
Read MoreThe Design and Construction Management Professional Reporter: June 2010
Inside this issue:
Green and Sustainable Design: Part 1: Professional Liability Risk and Insurability Issues for Design Professionals
New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects
Indemnification — A Contractual Sword and Shield: Tips on How to Enter Into Contracts Which Leave Design Professionals Well Armed and Well Protected
By Peter C. Lenart, Esq.
Illinois Court Expands Engineer’s Duty of Care Beyond the Terms of the Applicable Contract
By Lynn M. Squillace, Esq.
The Economic Loss Doctrine Bars an Owner from Asserting Negligence Claims Against a Design Professional with Whom the Owner is in Privity of Contract
By Kristina S. Raevska, Esq.
Read MoreThe Design and Construction Management Professional Reporter: February 2010
Inside this issue:
Project-Specific Insurance Advisory: Recent Problematic Trends in Project-Specific Professional Liability Insurance Programs
Recent New York Office Summary Judgment Victories
California Supreme Court and New Mexico Court of Appeals Strictly Interpret the Defense Obligation Routinely Found in Indemnity Provisions
Mississippi Court Affirms Decision in Favor of Architect Whose Design Did Not Meet OSHA Regulations
By Rita C. Mercado, Esq.
Florida Court of Appeals Further Restricts Applicability of Limitation of Liability Provisions in Professional Services Contracts
By Peter C. Lenart, Esq.
Substantive Differences Between New Jersey and New York Regarding Arbitrators’ Interpretation of the Issues to be Resolved
Hawaii Court Finds No Duty of Care to Seller
By Sa’adiyah Masoud, Esq.
Read MoreThe Design and Construction Management Professional Reporter: October 2009
Inside this Issue
Analysis of Best Practices in the Management of Design Errors and Omissions
By Justin M. Jagher, Esq.
Recent Court Interpretations of the Economic Loss Doctrine
Design Professionals Dismissed from Two New Hampshire Lawsuits
By John W. Dennehy, Esq.
Georgia Court Upholds the Validity of an Owner-Design Professional Contractual Liability Limitation Provision
By Kristina S. Raevska, Esq.
The Alabama Supreme Court Affirms General Contractor’s Recovery from Testing Engineer
By Samuel R. Pierce, Esq.
Megaproject Issues and Challenges: Some Informal Remarks
Read MoreThe Design and Construction Management Professional Reporter: June 2009
Inside this Issue
Indiana Appeals Court Holds Economic Loss Doctrine Bars Negligence Claims Against Professional
By John W. Dennehy, Esq.
Colorado Court of Appeals Recently Interpreted the Economic Loss Rule as Barring a Fraud Claim
By Sa’adiyah Masoud, Esq.
Acting Beyond the Scope of One’s Contract May Confer Liability for Project Safety
By Michelle L. Moshe, Esq.
Claims of Professional Negligence Must Be Asserted in a Timely Manner and Be Supported by Expert Testimony
By Jordan S. Rattray, Esq.
Changes to the AIA Agreements Regarding Statute of Limitations
By Justin M. Jagher, Esq.
Read MoreThe Design and Construction Management Professional Reporter: March 2009
Inside this Issue
Federal Government Tightens Integrity Reporting Requirements for Federal Contractors
By Douglas M. Marrano, Esq.
Limitation of Liability Provisions in Arizona: Enforceable and Distinguishable from Indemnity Provisions and the Assumption of Risk Defense
By Marisa M. Skoglind, Esq.
An Expert Cannot Rely on an Engineer’s Code of Ethics in Establishing Standard of Care in North Carolina
By Sa’adiyah Masoud, Esq.
Texas Case Reviews Power of Discovery Rule
By Samuel R. Pierce, Esq.
Minimizing Risks Associated with Construction Cost Estimates
By David M. Ponte, P.E.
E-Verify is Alive, Well and Gaining Speed
Read MoreThe Design and Construction Management Professional Reporter: September 2008
Inside this Issue
Infrastructure Inspection Engagements: Opportunities and Perils
By David H. Corkum, Esq.
Reaffirming the Economic Loss Doctrine in Massachusetts
By Justin M. Jagher, Esq.
Action Against Architect Dismissed— Plaintiffs Failed to Comply with Statutory Prerequisite
Limitation of Liability Clauses are Still Viable in North Carolina
Caution Advised for Parties Relying Upon a Contract’s “Flow-Down” Provision to Procure Indemnity from a Subcontractor
Read MoreThe Design and Construction Management Professional Reporter: April 2008
Inside this Issue
New York Court Imposes Duty on Design Professional to Third-Party Owner in Light of Certifications to City Building Department
By Douglas M. Marrano, Esq.
Arizona Court of Appeals Upholds a Limitation of Liability Clause, but Rules that a Jury Must Decide the Enforceability of the Clause
Nebraska Federal Court Denies Summary Judgment for Architect on Professional Negligence Claim
By Douglas M. Marrano, Esq.
Surety is not Responsible for its Principal’s Punitive Damages
By Sa’adiyah Masoud, Esq.
Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects
Read MoreThe Design and Construction Management Professional Reporter: January 2008
Inside this Issue
Massachusetts Court Rules Design Team Is Not Responsible for Contractor’s Failure to Perform Work
By John W. Dennehy, Esq.
Georgia Court Upholds Enforceability of Limitation of Liability Clauses in Favor of Design Professional
Mississippi Appeals Court Rejects Exculpatory Clause Argument
United States Court of Federal Claims Finds No Breach of Implied Warranty
By Peter C. Lenart, Esq.
Texas Case Reviews Power of the Discovery Rule
By Samuel R. Pierce, Esq.
The Pendulum Begins to Swing Back: Recent Judicial Limitations on the Negligent Misrepresentation Exception to the Economic Loss and the Spearin Implied Warranty Doctrines
Read MoreThe Design and Construction Management Professional Reporter: October 2007
Inside this Issue
The Existence Of A Fiduciary Duty Between Architect And Its Client Is A Question Of Fact
By Jordan S. Rattray, Esq.
Massachusetts Supreme Judicial Court Recognizes Joint Defense Privilege Under The Common Interest Doctrine
By Amanda Y. Sirk, Esq.
There Is No Common Law Right To Indemnity Against Design Professionals For Violations Of The ADA
By Leslie P. King, Esq.
California Appeals Court Rejects Public Owner’s Attempt To Disclaim Geotechnical Data
By David H. Corkum, Esq.
Pursuing Legal Defenses At The Outset Of Litigation Can Be The Difference Between Winning And Losing
By Damian R. LaPlaca, Esq.
Read MoreThe Design and Construction Management Professional Reporter: July 2007
Inside this Issue
New Hampshire Supreme Court Rejects Plaintiff’s Argument To Apply Both The “Special Relationship” And Negligent Misrepresentation Exception To The Economic Loss Doctrine
Limitation Of Liability Provisions May Not Be Used To Determine Good Faith Settlement Motions
New Mexico Court Rules That Excess Insurance Carrier Must Defend A Design Professional Even Though The Primary Insurer’s Policy Limits Had Not Yet Been Reached
Federal Claims Court Rules That Architect’s Imperfect Plans Did Not Breach Duty or Contract
Federal Claims Court Ruling Suggests That A Plaintiff’s Claims For Breach Of Contract Specifications And Differing Site Conditions May Be Combined
By Melissa S. Lee, Esq.
Immigration Impact On Employment Practices
Read MoreThe Design and Construction Management Professional Reporter: April 2007
Inside this Issue
Adjudication Of Contractor’s Defective Specification Claim “Collapses” Into Its Parallel Differing Site Condition Claim
By David H. Corkum, Esq.
Court Of Appeals Rules Engineer Entitled To Award Of Attorneys’ Fees In Unsuccessful Suit By Contractor
Engineer May Have A Duty To A Surety, Despite An Exculpatory Clause Stating Otherwise
By Jordan S. Rattray, Esq.
Georgia Federal Court Grants Summary Judgment For Architect On Breach Of Contract And Negligence Claims
Armed Services Board Of Contract Appeals Substantially Rejects Contractor’s Multi-Million Dollar Claim For Damages
Read MoreThe Design and Construction Management Professional Reporter: August 2006
Inside this Issue
Structural Engineer Not Liable For Injuries Caused By A Dangerous Construction Technique Where Contract Provisions Disclaim Liability And The Design Did Not Require Means And Methods Of Construction
Ohio Appellate Court Distinguishes Spearin Doctrine And Reverses Award Of Delay Damages To Lead Contractor
Tolling Of The Statute Of Limitations For Professional Malpractice Actions In New York: The Continuous Representation Doctrine
Design Specifi cations Are A Matter Of Professional Judgment And Do Not Trigger An Action In Negligent Misrepresentation
By Douglas M. Marrano, Esq.
Court Of Appeals Of Georgia Re-Affirms The Viability Of The Negligent Misrepresentation Exception To The Economic Loss Rule
Read MoreThe Design and Construction Management Professional Reporter: April 2006
Inside this Issue
Statutes of Repose in the Medical Malpractice Context Cannot Be Tolled Absent Specific Statutory Language Detailing an Exception, But Does the Same Rule Apply to Mass. Gen. Laws, ch. 260 § 2B?
Illinois Court Applies the Economic Loss Doctrine and Dismisses Claim by Homeowner Agreement
Supreme Court of New Hampshire Upholds Statute of Repose
Architect Not Liable for Defects When No Evidence of Causation Exists
Subcontractor’s Professional Negligence Claim Against Design Professional Barred by Economic Loss Rule Where Contractor Has a Contractual Remedy for the Type of Harm Alleged
Read MoreThe Design and Construction Management Professional Reporter: December 2005
Inside this Issue
No Matter How You Slice It, the Contract Language Reigns Supreme in Texas Even for a DSC
By David H. Corkum, Esq.
Massachusetts Court Upholds No Damages for Delay Clause in Municipal Contract
Court Holds that Contractor Was Not an Intended Third Party Beneficiary of a Contract Between the Owner and Architect
California Appeals Court Sets Aside Arbitration Award Due to Untimely Claim
Surety is Entitled to Maintain a Negligent Misrepresentation Claim Against Architect by Showing “Functional Equivalent” to Privity of Contract
Appellate Courts in Illinois and Minnesota Address Expert Testimony
North Carolina Court Interprets Use of Lay Witness in Lieu of Expert Testimony in Professional Negligence Claims
By Douglas M. Marrano, Esq.
Read More
