205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

Louisiana Federal District Court Rules Contractor Could Not Recover For Acts Of Contract Administration Made By Architect In Good Faith

Posted on

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…
Read More

The Court Of Appeals Of Michigan Holds That An Architect Owed No Common Law Duty To Owner For Alleged Professional Negligence

Posted on

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…
Read More

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

Posted on

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…
Read More

Mississippi Court Of Appeals Holds Claims Against Engineer Are Barred By The Doctrine Of Accord And Satisfaction

Posted on

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…
Read More

Supreme Court Of Montana Rules Limitation Of Liability Is Enforceable In A Contract Action As Long As It Does Not Contract Away All Liability, But Not In A Professional Negligence Action

Posted on

In Zirkelbach Construction, Inc. v. DOWL, LLC, 402 P.3d 1244 (Mont. 2017), the Supreme Court of Montana ruled design professionals can contract to limit liability for a contract claim, even if the limitation is a nominal percentage of the overall fees paid, as long as the parties do not disclaim all liability outright. However, the…
Read More

California Court Of Appeals Holds That The Relation Back Doctrine Does Not Apply To The Certificate Of Merit Requirement In Professional Negligence Actions Against Architects And Engineers

Posted on

In Curtis Engineering Corporation v. Superior Court of San Diego, 16 Cal. App. 5th 542 (Cal. App. Ct. 2017), the Court of Appeals for the Fourth District of California addressed the impact of the relation-back doctrine on the certificate of merit law in professional negligence actions against design professionals.  California’s certificate of merit law, codified…
Read More

Illinois Court Of Appeals Affirms Design Professionals Not Liable For Breach Of Warranty Of Habitability Despite Contractor’s Insolvency

Posted on

In Sierra Court Condominium Association v. Champion Aluminum Corporation, 2017 IL App (1st) 143364, 75 N.E.3d 260 (Ill. Ct. App. 2017), First District Appellate Court of Illinois reaffirmed architects and engineering firms are not subject to the implied warranty of habitability of construction, even in the event the developer and general contractor are insolvent.  TR…
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