205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

Federal District Court In Florida Holds Successor Architect Statute Does Not Release Original Architect From Liability

Posted on

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…
Read More

Application Of North Carolina’s Economic Loss Doctrine Is Hotly Debated Subject

Posted on

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,…
Read More

North Carolina Legislature Clarifies Design Build Contracting Process For Public Projects

Posted on

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…
Read More

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

Posted on

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…
Read More

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

Posted on

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…
Read More

Florida Proposes New Construction Defect Statute Of Limitations And Repose

Posted on

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…
Read More

Colorado Appellate Court Rules Limitaiton Of Liability Provision In Engineer’s Contract Was Ambiguous, But Not Void

Posted on

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,…
Read More

Alabama Enacts New Design Professional Statute That Prohibits Certain Contract Provisions And Establishes A Single Standard Of Care For Alabama Design Professionals

Posted on

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…
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