David A. Pogorilich and Eric Brodfuehrer | Ankura Consulting Group The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail the project to define the expected… Continue reading Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum
Category: Design Professionals
Construction Termination Part 3: When the Contractor is Firing the Owner
Melissa Dewey Brumback | Construction Law in North Carolina Last week we discussed an Owner terminating a Contractor “for cause”. Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of… Continue reading Construction Termination Part 3: When the Contractor is Firing the Owner
Negligent Inspection Claim Against Supervising Design Professional/Consultant
David Adelstein | Florida Construction Legal Updates Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with… Continue reading Negligent Inspection Claim Against Supervising Design Professional/Consultant
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Garret Murai | California Construction Law Blog The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code section 830.6, which protects public entities from claims alleging dangerous conditions on public property if the design was approved by a public agencies’ legislative body or their designee,… Continue reading California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Cesar Avila and Joy Lundeen | Bilzin Sumberg Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction goes awry, owners and developers often seek legal recourse against their design professionals. Over the last… Continue reading Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims