Who Benefits From Your Design Or Consulting Services Contract?

Andrew P. Selman | Vandeventer Black | December 21, 2018 In initially answering the question of who benefits from your design or consulting services contract, you might conclude that your contract benefits several parties. For example, a contractor “benefits” from the quality designs of the architect’s design consultant in performing its work even though it… Continue reading Who Benefits From Your Design Or Consulting Services Contract?

Waiver of Consequential Damages in Florida May Have Unintended Consequences

Jared Gillman | Construction Industry Counselor | December 7, 2018 In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts.  However, based on a recent decision by one Florida appellate court, waiving the right to recover consequential damages may have a broader impact than intended. In Keystone… Continue reading Waiver of Consequential Damages in Florida May Have Unintended Consequences

Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

John Krawczyk | Ahlers Cressman & Sleight | September 19, 2018 Design-build contracting is a method of project delivery where the contractor provides both architectural/design and building services to the owner. Yet rarely do firms perform both design and building work in equal measure. Rather, in many instances, firms perform the vast majority of their… Continue reading Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

John Castro | Gordon Rees Scully Mansukhani | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

Design Professional Best Practices for Successful Project Delivery and Loss Prevention

Jason Ebe | Snell & Wilmer | September 25, 2018 I frequently speak to architects and engineers on best practices for successful project delivery and loss prevention. The following is a brief refresher on some of those best practices. Site Investigations The design professional may want to consider recommending to the owner/client an appropriate scope… Continue reading Design Professional Best Practices for Successful Project Delivery and Loss Prevention