Jose A. Aquino | Duane Morris Courts and legislatures in many states require plaintiffs to file an expert affidavit or certificate of merit at the beginning of a malpractice case, including claims against architects, engineers, and other design professionals. These requirements often function as early gatekeeping tools, allowing defendants to seek early dismissal. A recent… Continue reading Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court
Tag: Design Professinals
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