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
Category: Design Professionals
Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well
Saul Ewing | February 23, 2016 Summary Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL 360875 (Md. Ct. Spec. App. Jan. 28, 2016). Thus, while some jurisdictions permit a contractor’s… Continue reading Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well
Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Michael P. Cotton | K&L Gates | February 29, 2016 In its July 8, 2015 opinion, the Superior Court of Pennsylvania held that design professionals are potentially subject to liability for negligent misrepresentation claims when it is alleged that their design documents negligently included false information via implicit representations. Gongloff Contracting, L.L.C. v. L. Robert… Continue reading Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Traub Lieberman Straus & Shrewsberry LLP | February 7, 2016 In A&H Properties Partnerships v. GPM Engineering [(2015) No. 03-13-00805-CV], the Texas Court of Appeals decided whether a property owner could maintain a direct action for negligence against a project designer hired by the general contractor, with whom it had no contract. The Court of… Continue reading Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Design Liability and Right of Way Risk Allocation for Design-Build Projects
Nancy C. Smith, Rick E. Rayl and Donna Brady | Nossaman LLP | January 15, 2016 Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report, which can be downloaded here [Liability of Design-Builders for Design, Construction,… Continue reading Design Liability and Right of Way Risk Allocation for Design-Build Projects