205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

FLORIDA DISTRICT COURT RULES DESIGN PROFESSIONALS ARE SUBJECT TO FOUR YEAR STATUTE OF LIMITATIONS FOR CONSTRUCTION BASED MALPRACTICE CLAIMS

Posted on

In American Automobile Insurance Company v. FDH Infrastructure Services., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023), The Court of Appeals of Florida, Third District (“Court of Appeals”) held all construction-based claims against design professionals are subject to a four-year statute of limitations, not the two-year statute of limitations. Tower King II was contracted to…
Read More

GEORGIA RULE OF EVIDENCE PRECLUDES ENGINEERING MALPRACTICE CLAIM

Posted on

Expert testimony is an essential element of any claim of professional engineering malpractice. However, Munro v. Dep’t of Transportation, 890 S.E.2d 349 (Ga. App. 2023) demonstrates that a Georgia Rule of Evidence regarding expert testimony in professional malpractice cases can make proving design malpractice very difficult in some circumstances. On November 10, 2017, twenty-four-year-old Ashley…
Read More

Architect’s Failure To Report Safety Issue Prevents Summary Judgment

Posted on

In Bonilla v. Verges Rome Architects, 2023 WL 3371559 (La. App. 5th Cir. 2023), the Louisiana Fifth Circuit Court of Appeals held that an architect could be liable to an injured worker for failing to address a known safety issue, despite contractual language establishing site safety as solely a contractor responsibility. The City of New…
Read More

Arbitration Award Affirmed By Alabama Supreme Court

Posted on

Arbitration in construction and design disputes can be a tempting alternative to resolving disputes outside of the traditional setting of a courtroom. However, once an arbitration award is issued, there is a high bar to be cleared should a disgruntled party move to have it vacated. Escapes! To the Shores Condo. Ass’n, Inc. v. Hoar…
Read More

Alabama Passes Dam Safety Legislation

Posted on

Until recently, Alabama was the only state that had yet to enact legislation ensuring that dams and reservoirs were safely constructed and maintained to protect downstream water users and upstream property owners. With the introduction of Alabama’s new Dam Safety legislation, the Alabama legislature has given professional civil engineers across the state a new role…
Read More

Florida Amends Condominium Inspection Statute

Posted on

On June 9, 2023, Florida Governor Ron Desantis signed legislation amending the inspection requirements for condominium buildings that reach thirty years of age and for condominiums the control of which is turned over from the ownership association to the owners themselves.  See 2023 Fla. Sess. Law Serv. 203.  Some of the changes directly impact inspection…
Read More

Building Material Warranties Not Held At Gunpoint In Alabama

Posted on

The construction of a structure encompasses many different areas that often are not realized until a party is subject to litigation arising from the construction. Litigation can often bring to light certain warranties that attach to building materials or products that make up a newly constructed structure. Common warranties potentially impacting parties to litigation arising…
Read More

Florida Passes New Construction Defect Statute

Posted on

On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida). The new Florida law affects claims against design professionals in many ways. First, Fla. Stat. §95.11(3)(c) establishes a new statute of repose for design defect claims. SB 360 leaves intact the four-year statute of limitations, but shortens the…
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