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

Understanding the Details: Suing Architects and Engineers Can Get Technical

Steven M. Cvitanovic | Haight Brown & Bonesteel | October 27, 2017 Before suing an architect or engineer for professional negligence, a plaintiff must obtain a “certificate of merit” (“Certificate”) under Code of Civil Procedure section 411.35. Boiled down to the basics, the Certificate declares that the attorney consulted with and received an opinion from… Continue reading Understanding the Details: Suing Architects and Engineers Can Get Technical

Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)

Melissa Dewey Brumback | Construction Law in North Carolina | February 24, 2017   Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals. One topic we touched on was how to avoid invalidating your insurance.  As most of you know, Errors & Omissions… Continue reading Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)

Design Errors Exception to the Economic Loss Doctrine

Carly Miller | Bradley Arant Boult Cummings LLP | March 23, 2016 A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such errors… Continue reading Design Errors Exception to the Economic Loss Doctrine

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