205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

UNDERSTANDING MISSISSIPPI’S UPDATED ARCHITECT REGULATIONS: KEY CHANGES EFFECTIVE NOVEMBER 2024

Posted on

The Mississippi State Board of Architecture has significant updates to its regulations governing the practice of architecture. Adopted in May 2024 and effective as of November 9, 2024, the changes aim to modernize architectural practice, while strengthening professional oversight. The updates address licensure requirements, continuing education, practice standards, and firm registration, all of which are…
Read More

LOUISIANA COURT OF APPEAL CLARIFIES ARCHITECTS’ LIABILITY IN PREMISES LIABILITY CLAIMS

Posted on

The Louisiana Court of Appeal recently addressed the liability of architects in premises liability claims in Holleman v. Golden Nugget Lake Charles, LLC, 2024 WL 4897557 (La. App. 3 Cir. 11/27/24).  Plaintiff Martha Holleman (“Ms. Holleman”) alleged she sustained injuries after slipping on wet travertine tiles near the pool area of the Golden Nugget Casino….
Read More

KENTUCKY COURT OF APPEALS RULES ENGINEERS ARE NOT IMMUNE FOR INTERSTATE DESIGN

Posted on

In Kristina L. Ives, Individually, et al. v. HMB Professional Engineers, Inc., et al., 2024 WL 2487850 (Ky. Ct. App. May 24, 2024), the Court of Appeals of Kentucky reversed and remanded the Fayette Circuit Court’s decision to grant summary judgment in favor of engineers (the “Engineers”) on the basis they were immune from liability….
Read More

SOUTH CAROLINA COURT OF APPEALS RULES ENGINEER COULD PROVIDE CERTAIN TESTIMONY REGARDING ARCHITECT’S STANDARD OF CARE

Posted on

Increasingly more states are enacting certificate of merit statutes for professional negligence claims, but what satisfies the certification requirement continues to be litigated. The South Carolina Court of Appeals recently held an affidavit from engineer was sufficient to satisfy the affidavit filing requirement for claims of professional negligence against an architect, at least as it…
Read More

CHANGES TO GEORGIA CODE § 43-15-23 STRENGTHENING ENGINEERING FIRM ACCOUNTABILITY

Posted on

Georgia made some notable amendments to Georgia Code § 43-15-23 – which governs the licensure and certification of engineering firms – introducing several key changes that strengthened the regulatory framework for engineering firms in the state. Under the previous law, firms were required to obtain a certificate of authorization from the Georgia State Board of…
Read More

UNITED STATES DISTRICT COURT GRANTS SUMMARY JUDGMENT TO ENGINEER ON THIRD-PARTY COMPLAINT FOR INDEMNITY

Posted on

Indemnity provisions are common features of contracts between project owners and engineering firms tasked with design elements of the project.  However, a project owner sued by a general contractor cannot simply ride the contractor’s coattails to prove the project owner’s indemnity claims, as the United States District Court for the District of Massachusetts held in…
Read More

COURT OF APPEALS OF NORTH CAROLINA RULING DEMONSTRATES THE IMPORTANCE OF EXPERT TESTIMONY ON PROFESSIONAL STANDARDS OF CONDUCT

Posted on

A common issue in Architect and Engineer cases is distinguishing between what are possible alternate designs and what are repairs to defective designs. Just because one architect or engineer would have handled a design challenge differently does not mean it was originally handled incorrectly. This distinction was recently addressed in North Carolina. In Cranes Creek,…
Read More

LEGISLATIVE AMENDMENTS TO ALABAMA’S DESIGN PROFESSIONAL REQUIREMENTS

Posted on

During the 2023 legislative session, the Alabama State Legislature passed Act #2023-477, significantly impacting architects, engineers, and other design professionals in the state. Introduced by State Senator Clyde Chambliss, this bill aims to protect clients who may not be familiar with professional liability insurance policies and their coverage. Signed into law on June 14, 2023,…
Read More

SIXTH CIRCUIT AFFIRMS SUMMARY JUDGMENT ON CONTRACTUAL INDEMNITY CLAIM UNDER THE TENNESSEE STATUTE OF REPOSE

Posted on

Highlighting the importance of the statute of repose in relation to construction and design indemnity claims, the United States Court of Appeals for the Sixth Circuit recently affirmed summary judgment based on the Tennessee statute of repose in favor of a third-party defendant subcontractor.  Hinman v. ValleyCrest Landscaping Development, Inc., 89 F.4th 572 (6th Cir….
Read More

COURT OF APPEALS OF LOUISIANA UPHOLDS CITY’S AGREEMENT TO ARCHITECT’S MODIFIED CONSTRUCTION DESIGN PLAN CHANGE ORDER DESPITE ALLEGATIONS OF FRAUD AND DURESS

Posted on

The recent decision by the Louisiana Court of Appeals in City of Ruston v. Womack & Sons Construction Group, Inc., 374 So. 3d 311 (La. App. 2 Cir. 2023) underscores the critical need for architects to meticulously draft and review contracts, contract conditions, and change orders in construction projects. The City of Ruston (the “City”)…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch