Can an Architect be Held Liable for Defects in Construction?

Sean M. Golden | Vandeventer Black LLP | November 7, 2017 It is common on commercial construction projects for the owner to hire the architect to perform services during construction, in addition to designing the project. Among other things, the architect’s construction phase services will typically consist of periodic observations and evaluations of the progress… Continue reading Can an Architect be Held Liable for Defects in Construction?

Understanding the Details: Suing Architects and Engineers Can Get Technical

Steven M. Cvitanovic | Haight Brown & Bonesteel | October 27, 2017 Before suing an architect or engineer for professional negligence, a plaintiff must obtain a “certificate of merit” (“Certificate”) under Code of Civil Procedure section 411.35. Boiled down to the basics, the Certificate declares that the attorney consulted with and received an opinion from… Continue reading Understanding the Details: Suing Architects and Engineers Can Get Technical

Construction Contracts, Third Party Claims and Tort Law Liability

Carl R. Pebworth | Faegre Baker Daniels | October 5, 2017 What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of care that the design… Continue reading Construction Contracts, Third Party Claims and Tort Law Liability

California Limits Indemnification Obligations of Design Professionals

William L. Doerler | The Subrogation Stategist | August 18, 2017 The California legislature recently enacted legislation – SB 496 – limiting a design professional’s indemnification obligations in private contracts related to design services. The term “design professional” refers to licensed architects, landscape architects and professional land surveyors, and registered professional engineers. As revised, Cal.… Continue reading California Limits Indemnification Obligations of Design Professionals

New Indemnity Law for Design Professionals

William Coggshall | Archer Norris | August 10, 2017 On April 28, 2017, Governor Brown signed into law Senate Bill 496 (Cannella). The Bill, which is now codified in California Civil Code §2782.8, amended the statute to provide greater protection for design professionals. Under the prior law, design professionals1 that entered into contracts with public agencies where there was… Continue reading New Indemnity Law for Design Professionals