Jay Gregory | Construction Law Blog One of the key concepts at the heart of Board complaints and civil claims against a design professional is whether or not that design professional complied with the applicable standard of care. In order to prevail on such a claim, the claimant must establish (typically with the aid of expert… Continue reading Standard of Care
Category: Design Professionals
Single Contractor Not Precluded from Providing Both Design and Construction Services
Jennifer Brandenburg, Michael Maurer and Gary Schons | Best Best & Krieger | December 4, 2019 A contractor that had two separate contracts with a school district — one for preconstruction services and the other for construction services — did not have a disqualifying conflict of interest, a California appellate court held. The decision provides… Continue reading Single Contractor Not Precluded from Providing Both Design and Construction Services
How Algorithmic Design Improves Collaboration in Building Design
Aarni Heiskanen | AEC Business | April 30, 2019 Design, like everything else in a construction project, is a collaborative effort. Even with digital tools, collaboration across design disciplines is not yet optimal. An experimental project thus set out to test whether algorithmic design could help streamline the interaction between architects and structural engineers. Design… Continue reading How Algorithmic Design Improves Collaboration in Building Design
Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Luke Eaton | Constructlaw | May 14, 2019 In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of homes, roads, bridges, schools, health clinics, and other infrastructure. The United States Agency for International Development (“USAID”) provided $25 million in funding to rebuild damaged infrastructure. USAID retained Defendant CDM International… Continue reading Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement
David Adelstein | Florida Construction Legal Updates | April 7, 2019 Standard form construction contracts between an owner and design professional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.” An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope… Continue reading Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement