Jason Pannu | Freeman Mathis & Gary The U.S. Supreme Court’s January 2026 decision in Berk v. Choy marks an important development in professional liability litigation with implications extending beyond medical malpractice. For architects, engineers, and other licensed construction professionals, the ruling substantially limits the enforceability of state-law certificate or affidavit of merit statutes in federal diversity… Continue reading Federal Pleading Rules Override State “Certificates of Merit”: What this Means for Design Professionals
Month: May 2026
3 Key Risk Gaps for Developers to Avoid
Jason Adams | Commercial Property Executive Construction insurance coverage requirements don’t always match what the market can deliver. Construction insurance decisions affect every participant on a project, but owners bring a distinct set of priorities to those decisions. The owner’s perspective on risk is shaped by financing obligations, project viability and long-term asset considerations that may… Continue reading 3 Key Risk Gaps for Developers to Avoid
The Spearin Doctrine: Owner Responsible for Defective Plans in Dispute with General Contractor
John Mark Goodman and Joe Mack Curry II | BuildSmart The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible if that information is defective. Last week, a Maryland appeals court applied the century-old Spearin doctrine to affirm a… Continue reading The Spearin Doctrine: Owner Responsible for Defective Plans in Dispute with General Contractor
Fixed-Price Contracting as Default: A Shift in Federal Procurement Policy
Aron C. Beezley and Patrick R. Quigley | BuildSmart A recent executive order marks a significant policy shift in federal procurement by directing agencies to default to fixed-price, performance-based contracting. Framed as an effort to promote fiscal discipline, transparency, and accountability, the order reflects concerns about cost overruns and inefficiencies associated with cost-reimbursement models. This post examines… Continue reading Fixed-Price Contracting as Default: A Shift in Federal Procurement Policy
Construction Disputes Under the Microscope: How Forensic Engineering Uncovers Why Failures Happen
Edward Poon | HKA The combination of modern delivery methods and increasingly complex projects is fundamentally reshaping the rules of risk and responsibility for stakeholders throughout the construction ecosystem. New ways of working, greater collaboration, and more advanced integrated systems mean that when a failure happens, it is significantly more challenging to identify what went… Continue reading Construction Disputes Under the Microscope: How Forensic Engineering Uncovers Why Failures Happen