Traub Lieberman Straus & Shrewsberry LLP | November 4, 2014 Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating liability. A… Continue reading New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Tag: architect
Declaratory Judgment Entered Against Architect’s Insurer Finding that Design Flaws were Unrelated and Subject to Separate Liability Limits
Donald A. O’Brien – Hinshaw & Culbertson LLP – September 3, 2014 Dormitory Authority of the State of New York v. Continental Casualty Company, Docket Nos. 13-1671(L), 13-1700(XAP) United States Court of Appeals, Second Circuit (June 23, 2014) The Dormitory Authority of the State of New York (DASNY) contracted with an architectural firm to design… Continue reading Declaratory Judgment Entered Against Architect’s Insurer Finding that Design Flaws were Unrelated and Subject to Separate Liability Limits
New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Lynn Maynard Gollin – Gordon & Rees LLP – August 25, 2014 In March 2014, Florida’s Fourth District Court of Appeal issued The School Board of Broward County, Florida v. Pierce GodwinAlexander & Linville, 137 So. 3d 1059 (Fla. 4th DCA 2014), an opinion that addresses two legal issues of interest to parties involved in… Continue reading New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Meredith Jones-McKeown – July 16, 2014 Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173) On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care… Continue reading Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Second Circuit – Architect’s Faulty Designs were Two Separate Defects
Matthew D. Stockwell – July 15, 2014 On June 23, 2014, the Second Circuit Court of Appeals issued a decision in the case Dormitory Authority of the State of New York v. Continental Casualty Company (2014 WL 2808073), a declaratory judgment action filed by a building owner against the architect’s insurance carrier over the faulty design of… Continue reading Second Circuit – Architect’s Faulty Designs were Two Separate Defects