Bart Reed | Stoel Rives Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect. While LOL… Continue reading Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
Category: Design Professionals
Cutting Deep: How Design Professionals Can Combat Widespread Federal Budget Cuts
Alexandra E. Skarka and James A. Murray | Wilson Elser Recent federal budget cuts enacted to optimize the federal workforce have had a widespread impact on design professionals and construction firms. These reductions have resulted in the elimination of many government programs, mass layoffs, and the cancellation of large-scale government contracts. Faced with dwindling opportunities… Continue reading Cutting Deep: How Design Professionals Can Combat Widespread Federal Budget Cuts
Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Robert J. Symon and Owen E. Salyers | BuildSmart Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine… Continue reading Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
Alan Taylor and Wesley Welmaker | Segal McCambridge 12 States Currently Require a Certificate of Merit to File a Professional Liability Lawsuit against an Architect or an Engineer. Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and… Continue reading The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services
ConsensusDocs ConsensusDocs is publishing a new ConsensusDocs 242 Change in Services and Compensation, a change order for design services by a design professional. In the design and construction industry, one thing is certain – change. The work scope included in basic design services an architect or engineer provides occurs somewhat regularly. Previously, ConsensusDocs did not have a… Continue reading New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services