News & Insights

Practice Area: Architects and Engineers

District Court Of Appeals Of Florida Upheld The Admissibility Of Expert Testimony Pursuant To Daubert Because The Testimony Was Not Based On New Scientific Methods

In D.R. Horton, Inc. – Jacksonville v. Heron’s Landing Condo. Assoc. of Jacksonville, Inc., 2018 WL 6803698 (Fla. 1st DCA Dec. 27, 2018), the District Court of Appeals of Florida, affirmed the trial court’s decision to allow expert testimony related to construction defects, even though the testimony was admitted pursuant to the Daubert standard, rather…
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Pennsylvania Superior Court Holds The Certificate Of Merit Requirement Does Not Apply To Third Party Claims Related To Plaintiff’s Claims

In Kelly Systems, Inc. v. Leonard S. Fiore, Inc., 2018 WL 5629644 (Pa. Super. Ct. October 31, 2018), the Pennsylvania Superior Court held the requirement to file a Certificate of Merit to support a professional negligence claim does not apply to third party complaints. Leonard S. Fiore, Inc. (“Fiore”) was hired to design and build…
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Louisiana Federal District Court Rules Contractor Could Not Recover For Acts Of Contract Administration Made By Architect In Good Faith

In Patriot Contracting, LLC v. Star Insurance Company, 2018 WL 1123586 (U.S. Dist. Ct., E.D. La.), the United States District Court for the Eastern District of Louisiana ruled that exculpatory clauses in the general contract benefitting the architect were enforceable.  The State of Louisiana (the “State”) contracted with Defendant The Architectural Studio/James Dodds, AIA Corporation…
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The Court Of Appeals Of Michigan Holds That An Architect Owed No Common Law Duty To Owner For Alleged Professional Negligence

In Auburn Hills Tax Increment Finance Authority v. Haussman Construction Co., 2018 WL 385057 (Mich. Ct. App. January 11, 2018), the Michigan Court of Appeals held that the owner of a construction project could not maintain a professional negligence claim against the architect for failing to adequately review payment applications. The Auburn Hills Tax Increment…
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The Second Circuit Holds A Provision For Sealed Drawings Does Not Sufficiently Link The Owner And Design Professional For Purposes Of Contractual Privity Equivalence To Allow A Direct Suit By The Owner Against The Design Professional

In Stapleton v. Barret Crane Design & Engineering, 2018 WL 985775, (2nd Cir. 2018), the United States Court of Appeals for the Second Circuit found that contractual privity, or its functional equivalent, did not exist between an owner and engineering firm retained by the design-builder, because there was no contract between the parties and the…
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Mississippi Court Of Appeals Holds Claims Against Engineer Are Barred By The Doctrine Of Accord And Satisfaction

In Triangle Construction Company, Inc. v. Fouche and Associates, Inc., 218 So. 3d 1180 (Mississippi 2017), Triangle Construction Company, Inc. (“Triangle”) contracted with East Madison Water Association (“EMWA”) to build a water system in Madison and Leake Counties in Mississippi.  The contract designated Fouche and Associates (“Fouche”) as the project engineer, although Fouche was not…
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