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Practice Area: Architects and Engineers

Utah Court Of Appeals Rules Economic Loss Rule Bars Property Owners’ Claims Against Geotechnical Engineering Firm

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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

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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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Rhode Island Supreme Court Rules Engineer That Prepared Documents For Public Bidding Did Not Owe Duty To General Contractor

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In John Rocchio Corporation v. Pare Engineering Corporation, 2019 WL 575822 (R.I. Feb 13, 2019), the Warwick Sewer Authority (“WSA”) contracted with Pare Engineering Corporation (“Pare”) to provide pre-bid services, including preparing a Request For Proposal (“RFP”) to be provided to general contractors submitting bids.  Pare completed the RFP and WSA received bids from five…
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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

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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

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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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