A common issue in cases addressing an owner’s responsibility for increased costs of a project is whether proper contractual change order procedures were followed. Contractor’s and subcontractor’s often argue the change order process has been waived by the Parties and therefore claims for additional costs are unaffected by the failure to abide by the contract….
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In Sustainable 9, LLC v. Coleman, the Minnesota Supreme Court held that a homeowner may use damages caused by a contractor’s negligent construction as a recoupment defense against the contractor’s mechanic’s lien when both claims arise from the same construction project. Because the homeowner’s negligence damages exceeded the amount of the contractor’s mechanic’s lien, the…
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In MAPP, L.L.C. v. Floor and Decor Outlets of America, Inc., the United States Court of Appeals for the Fifth Circuit affirmed the denial of a motion to compel arbitration, holding that an arbitration provision giving the project owner sole discretion to elect arbitration was adhesionary and unenforceable under Louisiana law. Floor and Decor Outlets…
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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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For years, the path to a Professional Engineer license in Georgia followed a fixed sequence: pass the Fundamentals of Engineering exam and accumulate four (4) years of qualifying experience, before ultimately sitting for the Principles and Practice of Engineering exam. Effective July 1, 2025, that sequence is no longer mandatory. With the signing of Senate…
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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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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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