News & Insights

Practice Area: Architects and Engineers

Owner’s Negligence Suit Against Structural Engineer Untimely

In Preyde One, LLC v. Hoffman Consultants, LLC, 2020 WL 908943 (Mich. App. Feb. 25, 2020), a Michigan appellate court ruled that a project owner’s claim against a structural engineer was a malpractice claim, governed by the malpractice statute of limitations and untimely. Preyde One, LLC (“Owner”) sued Glasers Lumber (“Glasers”) for breach of contract for allegedly…
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Maryland Appellate Court Holds A Prior Agreement Was Within The Scope Of The Arbitration Provision In A Subsequent Agreement

In Gannett Fleming, Inc. v. Corman Construction, Inc., 2019 WL 6207616 (Md. App. Nov. 21, 2019), the Maryland Court of Special Appeals held that an arbitration provision contained in a subsequent agreement may still apply to work performed under a prior agreement that did not contain a similar arbitration provision. Gannett Fleming, Inc. (“Gannett”), an…
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New York Appellate Court Rules Negligence Claims Against Architect And Engineer Accrue When The Contract Terminates Rather Than When Damages Are Incurred

In WSA Group, PE.,PC v. DKI Engineering & Consulting USA PC, 2019 WL 7173322 (N.Y. App. Dec. 26, 2019), a New York appellate court held that the statute of limitations governing malpractice claims against architects and engineers in New York begins to accrue when the contract is complete and the professional relationship ends, rather than…
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Indemnity Provision Requiring Engineer To Indemnify An Owner For Damage To Property May Encompass Economic Losses In Louisiana

In Couvillion Group, LLC v. Plaquemines Parish Government, 2019 WL 6769614 (La. App. Dec. 11, 2019), Plaquemines Parish Government (“PPG”) contracted with Couvillion Group, LLC (“Couvillion”) to be the general contractor for the Project. PPG contracted with Professional Engineering Consultants Corporation (“PEC”) to provide engineering services for the project. During construction, PPG instructed Couvillion to…
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New Hampshire Supreme Court Rules Statute Of Repose Applies To Indemnity And Contribution Claims Against Architects

In Rankin v. South Street Downtown Holdings, Inc., 2019 WL 3562167 (N.H. Aug. 6, 2019), the New Hampshire Supreme Court addressed whether the state’s Statute of Repose applied to indemnity and contribution claims against architects, or only applied to claims for direct losses.  The Court found the statute did apply and imposes a time limit…
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Architect’s Negligent Inspection Exposes Him To Liability For Personal Injury

In Demetro v. Dormitory Authority of the State of New York, 170 A.D. 3d 437 (N.Y. 2019), a New York Appellate Court addressed whether an architect’s failure to identify deviations from its designs subjected the architect to liability for personal injuries as a result of the defective condition. On a Motion for Summary Judgment, the…
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Engineer Did Not Assume Responsibility For All Aspects Of Design When He Stamped The Drawings That Did Not Include A Weld Design

In Novum Structures, LLC v. Larson Engineering, Inc., 2019 WL 1924878 (E.D. Wis. April 30, 2019), a Wisconsin District Court addressed whether an engineer’s sealing of design drawings makes the engineer the “Engineer of Record” and establishes a duty to verify the accuracy of the entire design. In 2014, Novum Structures, LLC (“Novum”) was hired…
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Utah Court Of Appeals Rules Economic Loss Rule Bars Property Owners’ Claims Against Geotechnical Engineering Firm

In Hayes v. Intermountain GeoEnvironmental Services, Inc., 2019 WL 2621931 (Utah Ct. App. June 27, 2019), the Utah Court of Appeals upheld the economic loss rule, finding a property owners’ tort claims against a geotechnical engineer were barred. In 2004, a developer hired Intermountain GeoEnvironmental Services, Inc. (“IGES”) to conduct a geotechnical investigation for a…
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Texas Supreme Court Rules Engineer’s Conduct Evidenced Intentional Waiver Of Certificate Of Merit Requirement

In LaLonde v. Gosnell, 2019 WL 2479172 (Tex. June 14, 2019), the Texas Supreme Court held an engineer’s engagement in the judicial process, through the completion of discovery and until one month before trial, waived the Certificate of Merit requirements. Paul and Kim Gosnell (the “Gosnells”) contracted with Thomas A. LaLonde d/b/a Lee Engineering Co….
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