Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market

Jeffrey R. Appelbaum, Daniel M. Haymond, Ross C. Eberlien and Bill Thrush | Thompson Hine LLP | June 9, 2016 Key Notes: Contract law protections have softened with time, creating an even greater need for architects and contractors to manage risk Condominium design and construction present unique issues for architects and contractors that can be… Continue reading Revisiting Condominium Design and Construction Risks: Applying Lessons Learned to a Rekindled Market

Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes

Brian K. Walters | Gordon & Rees LLP | June 6, 2016 Like many states, Nevada has heightened requirements for actions against design professionals for professional negligence. Commonly known in other jurisdictions as a “certificate of merit”, NRS 11.256 – NRS 11.259 require that a complaint filed against a design professional in the nonresidential construction… Continue reading Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes

Construction Defects – Defective Plans and Specifications

J. Norman Stark | Legally Speaking | March 31, 2016 Construction defect and legal liability due to defective construction documents – the plans and specifications, has been the subject of many highly contested claims. Who is to bear the brunt and loss – the Owner, Architect, Engineer, or Contractor? Construction Law Cases The landmark construction… Continue reading Construction Defects – Defective Plans and Specifications

Design Errors Exception to the Economic Loss Doctrine

Carly Miller | Bradley Arant Boult Cummings LLP | March 23, 2016 A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such errors… Continue reading Design Errors Exception to the Economic Loss Doctrine

Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack Of Privity

Jane Fox Lehman | Constructlaw® | February 14, 2016 City of Whiting, Indiana v. Whitney, Bailey, Cox, & Magnani, LLC, 2015 U.S. Dist. LEXIS 150229 (N.D. Ind. Nov. 5, 2015) The City of Whiting, Indiana (the “City”) contracted with American Structurepoint, Inc. (“Engineer”) to design a lakefront park that would protect its shoreline from erosion… Continue reading Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack Of Privity