205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

ALABAMA SUPREME COURT CLARIFIES APPLICATION OF THE CLEAN-HANDS DOCTRINE IN CASE INVOLVING SUBDIVISION ARCHITECTURAL COMMITTEE

Posted on

Restrictive covenants are a bureaucratic reality in the world of design professionals. However, in the legal realm, restrictive covenants and their prospective enforcement or relief therefrom are governed by equitable principles. In its recent decision in, Dendy v. Ryan, 2025 WL 3684707 (Ala. Dec. 19, 2025), the Alabama Supreme Court clarified the application of the…
Read More

TENNESSEE’S NEW THIRD-PARTY REVIEW AND INSPECTION LAW: IMPACT ON DESIGN AND CONSTRUCTION PROFESSIONALS

Posted on

Tennessee has enacted a significant change to its regulatory framework for design and construction. Public Chapter 771, passed in 2024, authorizes the use of qualified third-party professionals to conduct plan review and building inspections when the local authority fails to act within required timeframes. The law becomes even more consequential when paired with the State…
Read More

MASSACHUSETTS SUPREME COURT RULES PLAINTIFF’S CLAIM AGAINST DESIGN PROFESSIONAL FOR CONTRACTUAL INDEMNIFICATION IS NOT TIME BARRED BY STATE STATUTE OF REPOSE

Posted on

In Trs. of Bos. Univ. v. Clough, Harbour & Assocs. LLP, 255 N.E.3d 596 (Mass. 2025), the Massachusetts Supreme Court (“Court”) held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was not applicable against a design firm based on the indemnification…
Read More

TEXAS APPEALS COURT WATERS DOWN CERTIFICATE OF MERIT REQUIREMENT FOR PROFESSIONAL LIABILITY CLAIMS AGAINST ARCHITECTS AND ENGINEERS

Posted on

Certificates of Merit serve a critical role in establishing professional liability claims against licensed design professionals. Texas is one of twelve (12) states that requires a plaintiff to file a Certificate of Merit with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. This requirement arises out of the Texas’ legislature’s desire…
Read More

ARKANSAS COURT OF APPEALS RULES STATUTE OF REPOSE DOES NOT OVERRIDE SAVINGS STATUTE

Posted on

The Arkansas Court of Appeals for the Third Division recently held Arkansas’ statute of repose did not take precedent over Arkansas’ savings statute. Thompson Thrift Constr., Inc. v. Modus Studio, PLLC, 2025 Ark. App. 193, 709 S.W.3d 898 (2025), involved a dispute related to alleged construction defects in a housing complex built in August 2014….
Read More

FLORIDA APPELLATE COURT REINSTATES PREMISES LIABILITY SUIT OVER UNMARKED CONCRETE SLAB, WITH DIRECT IMPLICATIONS FOR ARCHITECTS AND ENGINEERS

Posted on

In Ortega v. JW Marriott Investment, LLC, — So.3d —-, 2025 WL 610824 (Fla. 3d DCA, Feb. 26, 2025), the Florida Third District Court of Appeals reversed a summary judgment ruling in a case with direct implications for architects and engineers working on integrated pedestrian and vehicle infrastructure. The Court held that disputed issues of…
Read More

ALABAMA SUPREME COURT UPHOLDS PROPORTIONAL INDEMNITY IN CONSTRUCTION CONTRACTS

Posted on

In JohnsonKreis Construction Company, Inc. v. Howard Painting, Inc., 2025 WL 877784 (Ala. Mar. 21, 2025), the Supreme Court of Alabama reversed a trial court’s grant of summary judgment that invalidated a proportional indemnity provision in a construction subcontract. The Court held that indemnification clauses allocating liability based on proportional fault—even in wrongful death cases…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch