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…
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In Paradyme Asset Management, LLC v. Figurd, LLC, a dispute arose over the architectural design of an apartment complex in San Antonio, Texas. Paradyme Asset Management, LLC (“Paradyme”) contracted with Figurd, LLC (“Figurd”) as the architect. Figurd subcontracted with David Robertson and Robertson Architecture, LLC (collectively, “Robertson”) to actually perform the architectual design. While Robertson…
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In the recently decided case, Holleman v. Golden Nugget Lake Charles, LLC, 2024-70 (La. App. 3 Cir. 11/27/24), the Louisiana Court of Appeals reversed the summary judgment granted in favor of an architectural firm. Holleman involved personal injury claims brought against the Golden Nugget Casino and the architectural firm Bergman Walls for alleged injuries suffered…
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The Mississippi State Board of Architecture has significant updates to its regulations governing the practice of architecture. Adopted in May 2024 and effective as of November 9, 2024, the changes aim to modernize architectural practice, while strengthening professional oversight. The updates address licensure requirements, continuing education, practice standards, and firm registration, all of which are…
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The Louisiana Court of Appeal recently addressed the liability of architects in premises liability claims in Holleman v. Golden Nugget Lake Charles, LLC, 2024 WL 4897557 (La. App. 3 Cir. 11/27/24). Plaintiff Martha Holleman (“Ms. Holleman”) alleged she sustained injuries after slipping on wet travertine tiles near the pool area of the Golden Nugget Casino….
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In Kristina L. Ives, Individually, et al. v. HMB Professional Engineers, Inc., et al., 2024 WL 2487850 (Ky. Ct. App. May 24, 2024), the Court of Appeals of Kentucky reversed and remanded the Fayette Circuit Court’s decision to grant summary judgment in favor of engineers (the “Engineers”) on the basis they were immune from liability….
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Increasingly more states are enacting certificate of merit statutes for professional negligence claims, but what satisfies the certification requirement continues to be litigated. The South Carolina Court of Appeals recently held an affidavit from engineer was sufficient to satisfy the affidavit filing requirement for claims of professional negligence against an architect, at least as it…
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Georgia made some notable amendments to Georgia Code § 43-15-23 – which governs the licensure and certification of engineering firms – introducing several key changes that strengthened the regulatory framework for engineering firms in the state. Under the previous law, firms were required to obtain a certificate of authorization from the Georgia State Board of…
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Indemnity provisions are common features of contracts between project owners and engineering firms tasked with design elements of the project. However, a project owner sued by a general contractor cannot simply ride the contractor’s coattails to prove the project owner’s indemnity claims, as the United States District Court for the District of Massachusetts held in…
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A common issue in Architect and Engineer cases is distinguishing between what are possible alternate designs and what are repairs to defective designs. Just because one architect or engineer would have handled a design challenge differently does not mean it was originally handled incorrectly. This distinction was recently addressed in North Carolina. In Cranes Creek,…
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