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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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….
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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…
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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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