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Practice Area: Architects and Engineers

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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MASSACHUSETTS SUPREME COURT RULES PLAINTIFF’S CLAIM AGAINST DESIGN PROFESSIONAL FOR CONTRACTUAL INDEMNIFICATION IS NOT TIME BARRED BY STATE STATUTE OF REPOSE

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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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TEXAS APPEALS COURT WATERS DOWN CERTIFICATE OF MERIT REQUIREMENT FOR PROFESSIONAL LIABILITY CLAIMS AGAINST ARCHITECTS AND ENGINEERS

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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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ARKANSAS COURT OF APPEALS RULES STATUTE OF REPOSE DOES NOT OVERRIDE SAVINGS STATUTE

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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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