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Practice Area: Architects and Engineers

GEORGIA COURT OF APPEALS HOLDS THAT AN ENGINEERING FIRM’S COORDINATION ROLE CAN CREATE A DUTY OF CARE TO ANOTHER CONTRACTOR’S WORKERS

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In Milling v. Burns & McDonnell Engineering Co., the Georgia Court of Appeals revived an injured worker’s negligence suit against an engineering firm, Burns & McDonnell Engineering Co. (“BME”), reversing summary judgment entered in the BME’s favor. The Court held an engineer performing program-management and coordination work owes a common-law duty of ordinary care to…
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WHERE DISCIPLINES OVERLAP, MIDDLE DISTRICT OF FLORIDA CLARIFIES BOUNDS OF EXPERT TESTIMONY

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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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FLORIDA LEGISLATURE IMPOSES NEW CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS ON ARCHITECTS AND ENGINEERS PERFORMING STRUCTURAL INSPECTIONS

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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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FLORIDA COURT LIMITS CONTRACTUAL WAIVERS OF CONSEQUENTIAL DAMAGES IN AIA CONTRACTS

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

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

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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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