David Adelstein | Florida Construction Legal Updates | November 23, 2017 A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public… Continue reading General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
Category: Design Professionals
Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You
William R. Wildman, Jesse W. Lincoln and Matthew J. Bowness | Eversheds Sutherland | November 30, 2017 Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. § 14-2-510(b)(4), venue for tort actions lies “in the county where the cause of action originated,” i.e.,… Continue reading Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You
Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Emily D. Anderson | Constructlaw | November 30, 2017 Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the Supreme Court of Montana recently upheld the validity of a contract provision in a… Continue reading Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations
Mark Himmelstein and Jenny Guzman | Construction Defect Journal | June 15, 2017 Since 2008 when the California legislature limited subcontractor indemnity obligations, the design professional community has been shouting “what about us?” Well, the legislature finally responded and a new law that limits design professional’s defense and indemnity obligations to their percentage of fault… Continue reading The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations
In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite
Nicholas V. Fox | Saul Ewing Arnstein & Lehr LLP | October 26, 2017 The Pennsylvania Superior Court recently determined that “Bilt-Rite Liability” is not limited to architects and construction industry design professionals, but instead could apply to any professional who provides information that may be relied upon by a third party. Bilt-Rite Liability flows… Continue reading In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite