Stu Richeson | The Dispute Resolver In Bonilla v. Verges Rome Architects, 2023-00928 (La. 3/22/24); 382 So.3d 62, the Louisiana Supreme Court held because the terms of the agreement between the architect and the public owner did not give the architect responsibility for the means and methods of construction or for safety on the project, the… Continue reading Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project
Tag: Design Professionals
Owners Should Exercise Caution When Waiving Consequential Damages Against Architects
Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt AIA forms of agreements between owners and architects contain mutual waivers of consequential damages which, in the context of such agreements, invariably involve lost profits. Where manuscript forms are provided by an owner, and do not contain such… Continue reading Owners Should Exercise Caution When Waiving Consequential Damages Against Architects
License to Build: The Importance of License Terms in Design Agreements
Evan Brown | Ahead of Schedule Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law… Continue reading License to Build: The Importance of License Terms in Design Agreements
The Unauthorized Use of Architect Drawings or Plans: Is it Theft?
Marisol Garcia and Steve Lindemann | Stinson OVERVIEW Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect’s plans to another architect without the first architect’s consent for the new architect to complete… Continue reading The Unauthorized Use of Architect Drawings or Plans: Is it Theft?
Construction Termination Issues Part 5: What if You are the One that Wants to Quit?
Melissa Dewey Brumback | Construction Law in North Carolina Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. “It’s not you, it’s me!” (It’s you) You can also terminate for Owner delays… Continue reading Construction Termination Issues Part 5: What if You are the One that Wants to Quit?