Senate Bill 49 Establishes Lien Rights for Registered Design Professionals

Rick W. Grady and Allen L Rutz | Vorys Sater Seymour & Pease On July 1, 2021, Governor DeWine signed Senate Bill 49 giving lien rights to Ohio architects, landscape architects, professional engineers, and professional surveyors (design professionals) beginning September 30, 2021.  The lien rights are limited to: Commercial real estate projects, With a written… Continue reading Senate Bill 49 Establishes Lien Rights for Registered Design Professionals

Not All Design-Build Projects Are Created Equal

Nicole Markowitz and Richard Robinson | Peckar & Abramson As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become liable for design… Continue reading Not All Design-Build Projects Are Created Equal

The Hidden Risk in Design-Build Project Negotiations: Copyrights

Anthony Chwastyk | Cohen Seglias Pallas Greenhall & Furman Of the countless issues contractors face on a construction project, immediate problems like scheduling, workforce, payment, and materials supply often overshadow intellectual property concerns. But, they shouldn’t—especially for the design-build contractor. Given the resources the construction design process takes up, these builders need to protect investments… Continue reading The Hidden Risk in Design-Build Project Negotiations: Copyrights

Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

Garret Murai | California Construction Law Blog Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a public entity is not liable for an injury caused by a plan or design of a public improvement where the plan or… Continue reading Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

Ownership and Use of Architectural Plans and Drawings

Jane Tucker | Vandeventer Black Who has the right to use architectural plans and drawings prepared by an architect for a specific project?  What happens if the project on which the architect was working and the architect both leave one firm and move to another firm?  What happens if one architect is retained to prepare… Continue reading Ownership and Use of Architectural Plans and Drawings