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
Category: Design Professionals
Mitigating the Risks of Delegated Design
Francisco Matta | HKA The use of delegated design in construction, where a project’s design professional of record (DPR) assigns responsibility for a specific part of the design to the contractor, is on the rise throughout the industry. This approach, historically limited in practice to a narrow set of specialized elements like steel stairs and… Continue reading Mitigating the Risks of Delegated Design
Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works
Stu Richeson | The Dispute Resolver Recent decisions by the Seventh Circuit and the Eight Circuit have addressed the scope of protection afforded to architectural works under copyright law. The Seventh Circuit case of Design Basics, LLC v. Signature Constr., Inc., 994 F.3d 879 (7th Cir. 2021), took a somewhat narrow view of the copyright protection afforded… Continue reading Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works
Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals
Andrew Kwiatkowski | Dinsmore & Shohl A recent decision by the Ohio First District Court of Appeals holds the discovery rule does not apply to construction defect claims against design professionals. Generally, the discovery rule means that the applicable statute of limitations does not begin to run until the negligence is discovered by the injured… Continue reading Ohio Appeals Court Ruling Upholds Strict Limits on Timing for Bringing Negligence Claims Against Design Professionals
Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)
Melissa Dewey Brumback | Construction Law in North Carolina Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems. Consider these summary tips as part… Continue reading Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)