Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes

Robert Alfert, Jr., Christina Lehm, Megan Schroder and Jeremy Springhart | Nelson Mullins Riley & Scarborough In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective design work constitute direct damages,… Continue reading Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes

Cutting Deep: How Design Professionals Can Combat Widespread Federal Budget Cuts

Alexandra E. Skarka and James A. Murray | Wilson Elser Recent federal budget cuts enacted to optimize the federal workforce have had a widespread impact on design professionals and construction firms. These reductions have resulted in the elimination of many government programs, mass layoffs, and the cancellation of large-scale government contracts. Faced with dwindling opportunities… Continue reading Cutting Deep: How Design Professionals Can Combat Widespread Federal Budget Cuts

Recent First Circuit Decision Helpful For Design Professionals Asserting Peremption As Defense To Untimely Claims

Brian S. Schaps | DeutschKerrigan Architects and engineers should be aware of a peremption statute that may bar untimely claims against them.     All professional architects, landscape architects, engineers, surveyors, and their associated interns, as well as interior designers and real estate developers using development plans certified by professional engineers or architects – all licensed in… Continue reading Recent First Circuit Decision Helpful For Design Professionals Asserting Peremption As Defense To Untimely Claims

Potential Liability Arising from Value Engineering

William J. Tinsley, Jr. | Phelps Dunbar Value engineering (VE) is intended to be a shared effort among the design professionals, the construction team and the project owner to enhance the performance and efficiency of a project during the design process. In true VE, the project’s lead design professionals carefully vet, compare and incorporate good… Continue reading Potential Liability Arising from Value Engineering

Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

Garret Murai | California Construction Law Blog It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively peacefully together, at times, they do not, such as when a defect arises that can either be a design or construction defect. Sometimes, project… Continue reading Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications