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Practice Area: Architects and Engineers

Nevada, Federal District Court Upholds Economic Loss Doctrine For Design Professionals In Residential Construction Disputes

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In Pulver v. Kane, 2022 WL 17327182 (D. Nev. Nov. 29, 2022), a Federal District Court in Nevada upheld the economic loss doctrine to preclude a contractor from asserting tort claims against design professionals in suits seeking to recover solely economic losses arising from residential construction. Pulver Construction Company (“Pulver”) contracted with the homeowners to…
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Tennessee’s Statute Of Repose Applies To Claims For Contractual Indemnity

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The statute of repose is a powerful defense for a design or construction professional, since most provide an absolute bar to claims filed outside the repose period.  Tennessee’s statute of repose was recently found to apply to contractual indemnity claims, when the United States District Court for the Middle District of Tennessee granted summary judgment…
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Venezuelan Architect’s Use Of The Word “Architect” In Commercial Webpage Amounts To Unlicensed Practice Of Architecture In Florida

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In Enrique Feldman and Feldman Architecture v. Florida Department of Professional Regulation, So. 3d WL 17576861, (Fla. 1d DCA 2022), the First District Court of Appeal of Florida ruled against an architect for his online marketing of design services in Florida.  Enrique Feldman is an architect with thirty-five years of experience in Venezuela, but was…
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North Carolina Affirms Rule That In A Lawsuit With Multiple Contractors, The Statute Of Repose Runs When Each Contractor’s Work Is Completed, Not When The Entire Project Is Completed

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In Gaston County Board of Education v. Shelco, LLC, 2022 WL 3363819 (N.C. App. Aug. 16, 2022), a North Carolina appellate court held that when a construction project involves multiple contractors, the statute of repose begins to run as to each contractor when its work is completed, rather than when the entire project is completed,…
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Federal District Court In Florida Holds Successor Architect Statute Does Not Release Original Architect From Liability

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In Hotels of Deerfield, LLC v. Studio 78, LLC, the Court held the Florida Administrative Code Section which confers “all professional and legal responsibility” to successor architects who reuse already sealed contract documents does not also release original architects from liability. Hotels of Deerfield, LLC and MHG Hotels, LLC (“Plaintiffs”) retained Studio 78, LLC and…
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Application Of North Carolina’s Economic Loss Doctrine Is Hotly Debated Subject

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North Carolina’s version of the economic loss doctrine prohibits recovery for purely economic losses in tort, “for [a defendant’s] simple failure to perform his contract.”  In other words, where a party can sue for economic losses in a breach of contract claim, he is barred from also suing in tort for those same losses.  Nonetheless,…
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North Carolina Legislature Clarifies Design Build Contracting Process For Public Projects

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North Carolina’s Governor Roy Cooper signed Session Law 2022-1 early 2022, which amended and revised North Carolina statutes applicable to public construction projects within the state. Beginning March 1, 2022, the amendments and revisions went into effect, which serve to clarify and update the statutory provisions relevant to the design-build public contracting process. Changes to…
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Missouri Federal Court Holds The Economic Loss Doctrine Does Not Bar Contribution

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In ACE American Insurance Co. v. AERCO International, Inc., 2022 WL 814788 (E.D. Mo., March 17, 2022), the United States District Court for the Eastern District of Missouri   held the absence of privity of contract and the economic loss doctrine do not bar a contractor’s contribution claim against an architect and its subconsultant. Walsh Construction…
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