Colm Nelson | Ahead of Schedule For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants. We tend to view the project as design-price-build, unless an alternative procurement mechanism has been selected such as design-build. Consistent with this… Continue reading Design-Build Lite – Construction Contracts with D-B Components
Tag: Design Professionals
Beware of the Risks! No Ownership, No Lien
Andrew Atkins, Peter Marino and Patrick Wilson | Smith Anderson A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our state. In Davis & Taft,1 the Court of Appeals found that the design… Continue reading Beware of the Risks! No Ownership, No Lien
“Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
Rahul Gogineni | The Subrogation Strategist In Barrett v. Berry Contr. L.P., No. 13-18-00498-CV, 2019 Tex. LEXIS 8811, the Thirteenth District Court of Appeals of Texas considered, among other things, the procedural timing requirements of filing a certificate of merit in conjunction with a complaint. The court concluded that the proper reading of the statute requires… Continue reading “Wait! Do You Have All Your Ducks in a Row?” Filing of a Certificate of Merit in Conjunction With a Complaint
Standard of Care
Jay Gregory | Construction Law Blog One of the key concepts at the heart of Board complaints and civil claims against a design professional is whether or not that design professional complied with the applicable standard of care. In order to prevail on such a claim, the claimant must establish (typically with the aid of expert… Continue reading Standard of Care
Single Contractor Not Precluded from Providing Both Design and Construction Services
Jennifer Brandenburg, Michael Maurer and Gary Schons | Best Best & Krieger | December 4, 2019 A contractor that had two separate contracts with a school district — one for preconstruction services and the other for construction services — did not have a disqualifying conflict of interest, a California appellate court held. The decision provides… Continue reading Single Contractor Not Precluded from Providing Both Design and Construction Services