Ryan W. Young | Lewis Brisbois Bisgaard & Smith LLP | June 22, 2018 The California Legislature has narrowed the scope of enforceable indemnity agreements applicable to licensed architects, engineers, and land surveyors through its amendment of Civil Code § 2782.8. This represents an important development in the allocation of risk in the construction community, since Section… Continue reading California Design Professionals’ Indemnity Obligations Limited Under 2018 Contracts
Category: Design Professionals
Recent California Legislation May Have an Impact Contractors and Design Professionals
Kimberly A. Blake | Gordon Rees Scully Mansukhani | June 1, 2018 Several bills that have recently been introduced in California will likely have an impact on the construction industry and, in particular, contractors and design professionals. Below is an overview of recent and pending legislation in California that includes the Labor Code, the Business… Continue reading Recent California Legislation May Have an Impact Contractors and Design Professionals
How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors
John J. Gazzola | Constructlaw | May 3, 2018 Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) This case arises out of the design and construction of a science museum in Miami, Florida (the “Project”). Museum of Science, Inc. (“MSI”), the Project owner, executed… Continue reading How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors
Don’t Assume A Design Role Unless You’re The Designer
George M. Nicholos | Vandeventer Black LLP | April 4, 2018 Recent weather conditions highlight the importance of avoiding unintentional design responsibility. This first quarter of 2018 has seen persistent periods of wind-driven rain; which often expose building envelope weaknesses. Uncontrolled rainwater penetration, condensation, and moisture related damage commonly result and threaten both structural integrity… Continue reading Don’t Assume A Design Role Unless You’re The Designer
Drawing a Line in the Sand: The Second Circuit Tries to Define Where D&O Coverage Ends and E&O Coverage Begins
Amanda Proctor | PropertyCasualtyFocus | March 30, 2018 Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. E&O policies provide coverage for claims for wrongful acts arising from the provision of “professional services,” and while D&O policies also provide coverage for claims for… Continue reading Drawing a Line in the Sand: The Second Circuit Tries to Define Where D&O Coverage Ends and E&O Coverage Begins