Eric M. Clarkson | Saxe Doernberger & Vita Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL… Continue reading Dynamics of Managing Professional Liability Claims for Design Builders
Tag: Design Professionals
Assessing Defective Design Liability on Federal Design-Build Projects
Dirk Haire, Adam Hamilton and Dana Molinari | Fox Rothschild A common misconception by many government officials is that a design-builder is always responsible for every design error or omission on a design-build project. This article examines the actual liability standard applied by the courts and boards of contract appeals when a design defect arises… Continue reading Assessing Defective Design Liability on Federal Design-Build Projects
Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool
Christian Dewhurst and Timothy Fandrey | Gray Reed In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection efforts. Perhaps the most commonly discussed remedy is the mechanic’s lien provided by Chapter 53… Continue reading Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool
Design-Assist Collaboration/Follow-Up Post
John P. Ahlers | Ahlers Cressman & Sleight Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an email from Brian Perlberg, the Executive Director and Senior Counsel for ConsensusDocs. He brought two ConsensusDocs forms to my attention: ConsensusDocs 541 Design Assist Addendum and ConsensusDocs 300 Integrated Form… Continue reading Design-Assist Collaboration/Follow-Up Post
Circumstances in Which Design Professional has Construction Lien Rights
David Adelstein | Florida Construction Legal Updates If you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid. This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien… Continue reading Circumstances in Which Design Professional has Construction Lien Rights