205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

Texas Court Of Appeals Rules Certificates Of Merit Are Required If The Alleged Tortious Actions Originate, Stem Or Result From The Practice Of Engineering

Posted on

In Whitaker v. R2M Engineering, LLC, 2020 WL 2786941 (Tex. Ct. App, May 28, 2020), the Texas Court of Appeals held that plaintiff’s alleged damages arose out of the provision of professional services by a licensed or registered professional, triggering the Certificate of Merit requirements. Texas Department of Transportation (“TDOT”) hired R2M Engineering, LLC (“R2M”)…
Read More

Owner’s Negligence Suit Against Structural Engineer Untimely

Posted on

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…
Read More

Maryland Appellate Court Holds A Prior Agreement Was Within The Scope Of The Arbitration Provision In A Subsequent Agreement

Posted on

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…
Read More

New York Appellate Court Rules Negligence Claims Against Architect And Engineer Accrue When The Contract Terminates Rather Than When Damages Are Incurred

Posted on

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…
Read More

Indemnity Provision Requiring Engineer To Indemnify An Owner For Damage To Property May Encompass Economic Losses In Louisiana

Posted on

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…
Read More

New Hampshire Supreme Court Rules Statute Of Repose Applies To Indemnity And Contribution Claims Against Architects

Posted on

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…
Read More

Architect’s Negligent Inspection Exposes Him To Liability For Personal Injury

Posted on

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…
Read More

Engineer Did Not Assume Responsibility For All Aspects Of Design When He Stamped The Drawings That Did Not Include A Weld Design

Posted on

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…
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