205-967-8822 Contact

News & Insights

Practice Area: Architects and Engineers

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

United States District Court For The Western District Of North Carolina Analyzes Architectural Copyright Infringement Between Two Homebuilders

Posted on

In Sedgewick Homes, LLC v. Stillwater Homes, Inc., 2017 WL 3221488 (W.D. NC. 2017), the United States District Court for the Western District of North Carolina ruled there was a genuine issue of material fact as to whether Stillwater Homes, Inc. (“Stillwater”) infringed upon the copyrighted architectural plans of its competitor, Sedgewick Homes, LLC (“Sedgewick”)….
Read More

Substantial Completion Is Determinable By Courts Despite Architect’s Opinion

Posted on

In Parkcrest Builders, LLC v. Housing Authority of New Orleans, 2017 WL 3394033 (E.D. LA. 2017), the United States District Court for the Eastern District of Louisiana held the Court could determine whether substantial completion had been achieved, despite a contract provision assigning this determination to the Architect. The Housing Authority of New Orleans (“HANO”)…
Read More

Florida Court Of Appeals Determines Design Professional Must Hold License To Be Sued For Professional Negligence

Posted on

In Sunset Beach Investments, LLC v. Kimley-Horn and Associates, Inc., 207 So. 3d 1012 (Fla. Ct. App. 2017), the Fourth District Court of Appeal of Florida held an engineering intern could not be liable for professional negligence.  The Court explained an “engineer intern” could not be considered a professional because he does not maintain a…
Read More

Missouri Court Of Appeals Interprets Statute Regarding What Is Incidental To The Practice Of Architecture

Posted on

In Curtis v. Miss. Board For Architects, Prof. Engineers, Prof. Land Surveyors, and Prof. Landscape Architects, No. WD 80174, 2017 WL 2241516 (Mo. Ct. App. May 23, 2017), the Missouri Court of Appeals affirmed the Missouri Board of Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects’ (the “Board”) disciplinary order against an architect…
Read More

Supreme Court Of Texas Clarifies How Certifying Expert May Demonstrate Knowledge Of The Defendant Design Professional’s Area Of Practice Pursuant To Texas’s Certificate Of Merit Statute

Posted on

In Melden & Hunt, Inc. v. East Rio Hondo Water Supply Corporation, No. 16-0078, 2017 WL 2492006 (Tex. June 9, 2017), East Rio Hondo Water Supply Corp. contracted with Melden & Hunt, Inc. to provide engineering-design and project-supervision services for a new water-treatment plant in San Benito, Texas. Following substantial completion of the project, East…
Read More

United States District Court For The Southern District Of New York Grants An Architect’s Motion For Summary Judgment Against Cross Claims For Indemnification And Contribution Based On Construction Deviations From The Architect’s Design

Posted on

In Corwin v. NYC Bike Share, LLC, No. 14-CV-1285, 2017 WL 1399034 (S.D.N.Y. Apr. 13, 2017), the Southern District of New York granted a Motion for Summary Judgment in favor of Alta Planning + Design + Architecture of New York, PLLC (“APD”) against the City of New York (the “City”) based on deviations from APD’s…
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