David Adelstein | Florida Construction Legal Updates Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with… Continue reading Negligent Inspection Claim Against Supervising Design Professional/Consultant
Category: Design Professionals
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Garret Murai | California Construction Law Blog The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code section 830.6, which protects public entities from claims alleging dangerous conditions on public property if the design was approved by a public agencies’ legislative body or their designee,… Continue reading California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Cesar Avila and Joy Lundeen | Bilzin Sumberg Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction goes awry, owners and developers often seek legal recourse against their design professionals. Over the last… Continue reading Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Progressive Design-Build Takes Another Step Forward in California
Mary Salamone | Procopio, Cory, Hargreaves & Savitch Legislators have gradually expanded local agencies’ authority to procure construction projects over the last couple of decades by using various alternatives to the design-bid-build delivery method, which requires that contracts are awarded to the lowest responsible bidder. Recently, California took another step forward in this regard. On… Continue reading Progressive Design-Build Takes Another Step Forward in California
Beware of Design Pitfalls In Unfamiliar Territory
Brad Shefrin | ENR Mountain States $250,000. $1.5 million. $12 million. These are the litigation damage estimates that plaintiffs sought to recover against design professionals who failed to familiarize themselves with local site conditions. For firms designing projects for clients with a regional, national or even international footprint, associating with local professionals is an often… Continue reading Beware of Design Pitfalls In Unfamiliar Territory