Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt AIA forms of agreements between owners and architects contain mutual waivers of consequential damages which, in the context of such agreements, invariably involve lost profits. Where manuscript forms are provided by an owner, and do not contain such… Continue reading Owners Should Exercise Caution When Waiving Consequential Damages Against Architects
Category: Design Professionals
License to Build: The Importance of License Terms in Design Agreements
Evan Brown | Ahead of Schedule Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law… Continue reading License to Build: The Importance of License Terms in Design Agreements
The Unexpected And Unwelcome: Defective Design And Changed Conditions Disputes
Christopher D. Cazenave | Jones Walker Last year, my construction colleague Neal Sweeney and I presented on a topic that is still a widely discussed question in the construction industry: who really pays for defective design? Despite contractual mechanisms to deal with them, defective design and changed (or differing site) conditions remain the most unexpected and unwelcome… Continue reading The Unexpected And Unwelcome: Defective Design And Changed Conditions Disputes
The Unauthorized Use of Architect Drawings or Plans: Is it Theft?
Marisol Garcia and Steve Lindemann | Stinson OVERVIEW Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect’s plans to another architect without the first architect’s consent for the new architect to complete… Continue reading The Unauthorized Use of Architect Drawings or Plans: Is it Theft?
Potential Liability Arising from Value Engineering
William J. Tinsley, Jr. | Phelps Dunbar Value engineering (VE) is intended to be a shared effort among the design professionals, the construction team and the project owner to enhance the performance and efficiency of a project during the design process. In true VE, the project’s lead design professionals carefully vet, compare and incorporate good… Continue reading Potential Liability Arising from Value Engineering