Bridget Araldi and Stephen Willig | MG+M The Law Firm Overview Email has become, perhaps, the most common form of business communication. What in years past would be discussed over a phone call or face-to-face meeting is now memorialized in emails. While email has the benefits of creating a written record (thus avoiding differing recollections of a phone call or meeting)… Continue reading Think Before You Send—Impact on Design Professionals of Ill-Conceived Emails
Category: Design Professionals
Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
James B. Wright and Barrett N. Lindsey | Clark Hill An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not investors who will share in the profits of a successful… Continue reading Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Barrett Lindsey and James Wright | Clark Hill As discussed in Part 1 of this series, design professionals face significant exposure for claims arising out of alleged errors and omissions in the performance of their services. While waivers of consequential damages help limit exposure to indirect losses, limitation of liability (“LOFL”) provisions serve as another… Continue reading Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Federal Pleading Rules Override State “Certificates of Merit”: What this Means for Design Professionals
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
Design Professionals Face New Federal Litigation Risk After Supreme Court Ruling
Tim Maffett and Michael Schollaert | Baker Donelson Engineers, architects, and other licensed design professionals face a heightened federal court litigation risk following a recent U.S. Supreme Court decision that weakens state certificate of merit requirements. Claims that previously could have been dismissed early for lack of peer certification may now proceed in federal court,… Continue reading Design Professionals Face New Federal Litigation Risk After Supreme Court Ruling