The Design & Construction Management Professional Reporter: Spring 2023

Inside This Issue:

Note from the Editor

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Donovan Hatem is pleased to present its Spring 2023 D&C Reporter.  This past winter saw dramatic shifts in weather from day to day.  Economic conditions have been equally unsettled and oftentimes defy prediction, but there is a wide array of public and private projects that occupy the industry.

This edition discusses recent cases on the statute of repose as it applies to design professionals in a variety of contexts, the economic loss doctrine, which can be used to bar certain claims for purely economic loss and largely impacts cases brought by parties with whom professionals are not in privity, successor liability of architects and assignment of design agreements. 

These cases demonstrate that the law is constantly evolving and differs from state to state.  That is why we continue to vigilantly monitor developments and keep our readers informed.    

We hope you find these articles informative and helpful.  If you have any questions or wish to discuss these articles or any issue impacting the design and construction industry, please reach out to us.

Best regards,
Stephen F. Willig

The Assignment of a Design Agreement Must Be Carefully Drafted
By Gail Kelley

Massachusetts Superior Court Finds Injured Pedestrian’s Claims Against Contractor Not Time-Barred, Despite Arising 6+ Years After Project Completion
By Jena Richer

North Carolina Court Clarifies [1] Plaintiffs Have the Burden of Proving – not Pleading- That Their Claim Was Filed Within the Statue of Repose and [2] the Statute of Repose Commences on Substantial Completion for Each Contractor

Federal Court in South Florida: Original Architect Liable for Design Flaws in Original Plans Despite Appointment of Successor Architect
By Allison K. Jones

The Economic Loss Doctrine’s Relevance to Construction Cases and Recent Application in Arizona and North Carolina
By Jessica Scarbrough