Stu Richeson | The Dispute Resolver Recent decisions by the Seventh Circuit and the Eight Circuit have addressed the scope of protection afforded to architectural works under copyright law. The Seventh Circuit case of Design Basics, LLC v. Signature Constr., Inc., 994 F.3d 879 (7th Cir. 2021), took a somewhat narrow view of the copyright protection afforded… Continue reading Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works
Category: Design Professionals
Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals
Andrew Kwiatkowski | Dinsmore & Shohl A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute of limitations does not begin to run until the negligence is discovered by the injured… Continue reading Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals
Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)
Melissa Dewey Brumback | Construction Law in North Carolina Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems. Consider these summary tips as part… Continue reading Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)
Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications
Garret Murai | California Construction Law Blog It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively peacefully together, at times, they do not, such as when a defect arises that can either be a design or construction defect. Sometimes, project… Continue reading Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications
Construction Termination Issues Part 5: What if You are the One that Wants to Quit?
Melissa Dewey Brumback | Construction Law in North Carolina Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. “It’s not you, it’s me!” (It’s you) You can also terminate for Owner delays… Continue reading Construction Termination Issues Part 5: What if You are the One that Wants to Quit?