The Designer’s Pre-bid Standard Of Care In A Design-Build Project

Joshua A. Morehouse | Peckar & Abrahmson Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the traditional division of duties between designers, builders, and owners. Among the most obvious of these alterations is the transfer of the designer’s obligations from the owner to… Continue reading The Designer’s Pre-bid Standard Of Care In A Design-Build Project

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

A Primer on Design Professionals’ Liability in Virginia

Stephen G. Test | Williams Mullen | July 27, 2017 When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project.  You cannot make an informed judgment of the risk involved unless you know the scope of liability… Continue reading A Primer on Design Professionals’ Liability in Virginia

“Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?

Melissa Dewey Brumback | Construction Law in North Carolina | April 13, 2017 Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an insurance adviser who handled various construction professional… Continue reading “Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?

Federal Trial Court Addresses the Use of the Engineer’s Standard of Care as a Contract Term

Doug Shevelow | Bricker & Eckler LLP | September 30, 2015 Ohio Revised Code 2305.09(D) establishes the time limitation for suing somebody for most types of negligence (i.e. “tort”) as four years. That raises the question: Four years from when? The answer is four years from when the cause of action accrues, which, of course,… Continue reading Federal Trial Court Addresses the Use of the Engineer’s Standard of Care as a Contract Term