Success or failure of claims involving design defects hinge upon expert testimony. In disputes involving claims against both architects and engineers, the circumstances of a project may often provide overlap in responsibilities and roles. Although the practices of architecture and engineering are distinct disciplines, there are circumstances where an expert trained in only one of…
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The Florida Legislature has continued to strengthen oversight of residential condominium buildings. HB 913 – signed into law in 2025 and effective July 1, 2025 – introduces significant new obligations for architects and engineers who perform Milestone Inspections and Structural Integrity Reserve Studies (“SIRS”) on condominium and cooperative buildings. Particularly significant to design professionals is…
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In Orlando Health, Inc. v. HKS Architects, Inc., 792 F. Supp. 3d 1298, 1299 (M.D. Fla. 2025), the Middle District of Florida held a waiver of consequential damages under the AIA “Standard Form of Agreement Between Owner and Architect” was not applicable to the owner’s costs of remediation stemming from a deficient design. The dispute…
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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…
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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…
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In SMG Construction Services, LLC v. Cook, No. S25G0389, 2025 WL 2918955, (Ga. Oct. 15, 2025), the Georgia Supreme Court recently vacated the judgment of the Georgia Court of Appeals and remanded the case based on an independent contractor’s actual knowledge of a hazard. Plaintiff Daniel Cook (“Mr. Cook”) was injured working on a construction…
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In Fortner v. IMS Eng’rs, Inc., No. 2023-CA-01170-COA, 2025 WL 1377575 (Miss. Ct. App. May 13, 2025), reh’g denied (Sept. 2, 2025), the Mississippi Court of Appeals, held that an Engineering Firm who was originally involved in a public works project did not owe a duty to a deceased motorist who was killed after striking…
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In Bonilla v. Verges Rome Architects, 382 So. 3d 62 (La. 2024), the Louisiana Supreme Court held in no uncertain terms that an architect does not bear a duty – whether in contract or tort – to safeguard worker safety unless such a duty is expressly set forth in the Architect’s contract. The case arose…
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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…
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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…
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