Jay S. Gregory | Gordon Rees Scully Mansukhani In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of… Continue reading The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Category: Design Professionals
Designing a Fair Standard of Care in Design Agreements
ConsensusDocs One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because the line between an architect’s responsibility to create sufficient design documents and a builder’s responsibility to execute the means, methods, and techniques is increasingly… Continue reading Designing a Fair Standard of Care in Design Agreements
Dynamics of Managing Professional Liability Claims for Design Builders
Eric M. Clarkson | SDV Insights Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL coverage requires… Continue reading Dynamics of Managing Professional Liability Claims for Design Builders
Design-Build – The Owner’s Dilemma
Michael McKenna and Alexander Spilberg | Cohen Seglias Pallas Greenhall & Furman The recent passage of the infrastructure funding seems likely to lead to a significant influx in construction projects. Given the desire to get “work out on the street,” we anticipate that many owners will be looking to use design-build as the procurement method… Continue reading Design-Build – The Owner’s Dilemma
Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Kyle Rice | White and Williams The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Hayes v. Intermountain GeoEnvironmental Servs. No. 20190764, 2021 UT 62,… Continue reading Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports