News & Insights

Practice Area: Architects and Engineers

Missouri Federal Court Holds The Economic Loss Doctrine Does Not Bar Contribution

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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Pennsylvania Court Holds That Anti Assignment Provision Precluded Assignment Before Contract Had Been Performed Only

In Gito, Inc. v. Axis Architecture, P.C., 2021 WL 5858467 (Pa. App. Dec. 10, 2021), a Pennsylvania Appellate Court held an anti-assignment provision in a contract between the Owner and Architect precluded the Owner from assigning the contract to a third party before the contract had been performed, but did not preclude a post-performance assignment…
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Florida Proposes New Construction Defect Statute Of Limitations And Repose

On November 2, 2021, the Florida Legislature began proposing amendments to Florida’s construction defect statute of limitations and repose under 2022 Florida Senate Bill No. 736 (“SB 736”). “The purpose of a statute of repose is to cut off the right of action after a specified time measured from the delivery of a product or…
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Colorado Appellate Court Rules Limitaiton Of Liability Provision In Engineer’s Contract Was Ambiguous, But Not Void

In Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., 2021 WL 4314216 (Colo. App. Sept. 23, 2021), a Colorado appellate court addressed an issue of first impression and held that a limitation of liability provision in the contract between an architect and engineer was ambiguous, but did not render the provision void. Johnson Nathan Strohe,…
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Alabama Enacts New Design Professional Statute That Prohibits Certain Contract Provisions And Establishes A Single Standard Of Care For Alabama Design Professionals

On April 29, 2021, Alabama Governor Kay Ivey signed a new law that prohibits certain type indemnification provisions in professional services contracts and establishes a single standard of care for Alabama design professionals for Alabama projects governed by Alabama law. The new law, titled “Contract requirements for professional services of design professionals,” went into effect…
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Architect’s Contract To Observe Construction Did Not Create Duty To Ensure That Plumbing Work Complied With Design Plans

In Chicago Ambulatory Surgery Associates, Inc. v. Restore Construction, Inc., 2021 WL 4168597 (Ill. App. Sept. 14, 2021), an Illinois court held an architect that contracted to provide design drawings and make regular site visits did not also undertake a duty to inspect plumbing work for compliance with those drawings. The owner hired Restore Construction,…
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Who Can Offer A Certificate Of Merit Against A Design Professional In Texas

In Barrientos v. Jacobs Engineering Group, Inc., No. 13-20-00092-CV, 2021 WL 3411869 (Tex. App. Aug. 5, 2021), the Court of Appeals of Texas, Corpus Christi-Edinburg held that Texas law mandates that a design professional expert offering opinions against another design professional must be licensed or registered in Texas. On March 4, 2019, Barrientos filed a…
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Tennessee Appellate Court Rules Statute Of Limitations And Repose Defenses In Construction Cases Should Be Submitted To The Jury When Fraudulent Concealment Or Equitable Estoppel Is At Issue

In Joseph Riccardi v. Carl Little Construction Co., Inc., et al., 2021 WL 3137251 (Tenn. App. July 26, 2021), a Tennessee Appellate Court held that the statute of limitations and statute of repose defenses should be submitted to the jury when fraudulent concealment or equitable estoppel is at issue, even if there is no genuine…
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When Is An Architect Required To Notify Its Insurer

In RLI Insurance Company v. Architrave, Inc., 2021 WL 1863259 (D.S.C. May 7, 2021), a federal court in South Carolina held that a factual issue remained as to when an architect was required to put its insurer on notice of a potential claim. Bobbitt Design Build (“Bobbitt”) was hired by Mount Moriah Missionary Baptist Church,…
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