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Practice Area: Architects and Engineers

United States Court Of Appeals For The Sixth Circuit Affirms A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Professional Services Exclusionary Provision In A Commercial General Liability Policy.

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In Orchard, Hiltz & McCliment, Inc. v. Phoenix Insurance Co., Nos. 16-1176 & 16-1231, 2017 WL 244787 (6th Cir. 2017), the United States Court of Appeals for the Sixth Circuit affirmed a lower court’s grant of Summary Judgment against the Engineer, Orchard, Hiltz & McCliment, Inc. (“OHM”) and in favor of Insurers, Phoenix Insurance Co….
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Court Of Appeals Of Kentucky Reverses A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Economic Loss Doctrine.

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In D.W. Wilburn, Inc. v. K. Norman Berry Associates, Architects, PLLC, No. 2015-CA-1254-MR (Ky. Ct. App. Dec. 22, 2016), the Kentucky Court of Appeals reversed a lower court’s grant of summary judgment in favor of Third-Party Defendant K. Norman Berry Associates, Architects, PLLC, the architect hired by the Oldham County Board of Education to design…
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Appellate Court Affirms Grant Of Summary Judgment Based On Illinois’ Contribution Act

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 In Sandlin v. Harrah’s Illinois Corp., 2016 WL 4585932 (App. Ct. Ill. September 2, 2016), the Appellate Court of Illinois (the “Appellate Court”) affirmed a lower court’s grant of Summary Judgment for Cross-Claim Defendant Hnedak Bobo Group, Inc. (“HBG”)  dismissing Cross-Claim Plaintiff Harrah’s Illinois Corporation (“Harrah’s) claims for contribution.   In 1999, Harrah’s began construction of a…
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Superior Court Of Connecticut Grants Defendant Architect’s Motion To Decide Questions Of Law And To Dispense With Jury Trial Based On The Statute Of Repose

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 In Town of Windsor v. Loureiro Engineering Assoc., 2016 WL 4007747 (Conn. Super. Ct. June 20, 2016), the Superior Court of Connecticut (the “Superior Court”) granted a Motion to Decide Questions of Law and to Dispense with a Jury Trial filed by Defendants Loureiro Engineering, Inc., Newman Architects, LLC, Herbert S. Newman, and Michael Raso (collectively,…
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District Court Grants Engineer’s Motion For Judgment On The Pleadings Based On The Economic Loss Doctrine

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In Venturedyne, Ltd. v. Carbonyx Inc., 2016 WL 3402807 (N.D. Ind. June 21, 2016), the Northern District of Indiana (the “District Court”) granted a Motion for Judgment on the Pleadings filed by Plaintiff/Counterclaim Defendant Venturedyne, Ltd. d/b/a Scientific Dust Collectors (“SDC”), an engineer hired by Defendant/Crossclaimant Carbonyx, Inc. (“Carbonyx”), to design and manufacture dust collection systems. …
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Illinois Appellate Court Refuses To Extend The Implied Warranty Of Habitability To Architects

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In Bd. of Managers of Film Exchange Lofts Condo. Ass’n v. Fitzgerald Associates Architects, P.C., 2016 WL 2841978 (Ill. App. May 11, 2016), the Appellate Court of Illinois consolidated three appeals and affirmed the lower courts’ decisions not to extend the implied warranty of habitability to architects. All three consolidated cases involved condominium boards bringing actions…
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Supreme Court Of New York, Appellate Division, Affirms Trial Court Order Denying Defendant Architect’s Motion To Dismiss Based On The Statute Of Limitations, Applying The Continuous Representation Doctrine

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In Bronstein v. Omega Construction Group, Inc., 2016 WL 1577185 (N.Y. App. April 20, 2016), the Supreme Court of New York, Appellate Division, affirmed a lower court’s denial of a Motion to Dismiss filed by Defendant Michael T. Cetera, an architect hired by Plaintiffs to provide architectural services.  In 2006, Plaintiffs entered into an agreement with Mr….
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