Francisco Matta | HKA The use of delegated design in construction, where a project’s design professional of record (DPR) assigns responsibility for a specific part of the design to the contractor, is on the rise throughout the industry. This approach, historically limited in practice to a narrow set of specialized elements like steel stairs and… Continue reading Mitigating the Risks of Delegated Design
Tag: Design Professional
General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
David Adelstein | Florida Construction Legal Updates | November 23, 2017 A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public… Continue reading General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite
Nicholas V. Fox | Saul Ewing Arnstein & Lehr LLP | October 26, 2017 The Pennsylvania Superior Court recently determined that “Bilt-Rite Liability” is not limited to architects and construction industry design professionals, but instead could apply to any professional who provides information that may be relied upon by a third party. Bilt-Rite Liability flows… Continue reading In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite
Why Understanding Economic Loss Doctrine is Critical for Construction Professionals
Jason N. Smith | Seyfarth Shaw LLP | May 1, 2017 Introduction The economic loss doctrine is widely misunderstood and often misapplied. At its most basic, the premise of the doctrine is that a party cannot recover purely economic losses in a tort action. To understand the rationale behind the economic loss doctrine, attorneys should… Continue reading Why Understanding Economic Loss Doctrine is Critical for Construction Professionals
Clarification on Architect’s/Engineer’s Liability for Safety During Construction
Stan Martin | Commonsense Construction Law LLC | September 20, 2016 With underlying facts showing less-than-stellar actions on the part of more than one player, the Mississippi Supreme Court has clarified and confirmed the applicable standard for when a design professional should be liable for safety on a construction project. The case is McKean v. Yates… Continue reading Clarification on Architect’s/Engineer’s Liability for Safety During Construction