Contractors + Subcontractors at Risk When Owner Fails to Pay Architect

Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union and Timothy Kelley  | Kegler Brown Hill + Ritter | October 11, 2016 We have long counseled Owners about the risks associated with the standard AIA contract language stating that the Architect’s Drawings are “Instruments of Service” and the license to use them can be withheld… Continue reading Contractors + Subcontractors at Risk When Owner Fails to Pay Architect

Washington State Ruling Heightens Liability Risk for Design Professionals

Ross Siler | Government Contracts Insider | October 4, 2016 Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners encompasses “the prevention of safety risks” even when no personal… Continue reading Washington State Ruling Heightens Liability Risk for Design Professionals

Clarification on Architect’s/Engineer’s Liability for Safety During Construction

Stan Martin | Commonsense Construction Law LLC | September 20, 2016 With underlying facts showing less-than-stellar actions on the part of more than one player, the Mississippi Supreme Court has clarified and confirmed the applicable standard for when a design professional should be liable for safety on a construction project. The case is McKean v. Yates… Continue reading Clarification on Architect’s/Engineer’s Liability for Safety During Construction

Construction E-lert — Why Design Professionals and Contractors Should be Aware of Florida’s Revised Public Records Act

Rouselle “Bo”Sutton, III | GrayRobinson PA | August 31, 2016 Florida’s Public Records Act (“Act”) was recently revised to make prior amendments to the Act easier to comply with for Public Agencies, as well as those acting on their behalf. Its other purpose was to curb litigation and liability for attorneys’ fees from public information… Continue reading Construction E-lert — Why Design Professionals and Contractors Should be Aware of Florida’s Revised Public Records Act

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in Favor of Contractor

Jeffrey R. Mullen | Pepper Hamilton LLP | July 1, 2016 Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2016 U.S. App. LEXIS 6646, 819 F.3d 245 (5th Cir. Apr. 12, 2016) This action arose out of a construction project in terminal E of the Dallas/Fort Worth International Airport (“DFW”), in… Continue reading Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in Favor of Contractor