Tag: Architecture
Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Errors in Design of Building Exterior not Related
March 26, 2013 The United States District Court for the Southern District of New York, applying New York law, held that the term “related” in a professional liability insurance policy was unambiguous and held that the insured’s alleged wrongful acts were “related” if there was a factual tie or linkage between the wrongful acts. Dormitory… Continue reading Errors in Design of Building Exterior not Related
Completed and Accepted Doctrine Extended to Architects
Garret Murai – November 26, 2012 Architects have one more reason to celebrate this holiday season. In a case decided this past month, the California Court of Appeals held that architects are protected under what is referred to as the “completed and accepted” doctrine, from liability arising from injuries caused by patent (i.e., obvious and… Continue reading Completed and Accepted Doctrine Extended to Architects
Design Professional’s Duty to Provide Non-Negligent Plans
Kimberly A. Wilson – October 5, 2012 Introduction A project architects or a design professional (“architect”) plays a key role on any construction project. The role of the project architect, its obligations and responsibilities are most often set forth in a written contract between the architect and owner. The scope of an architect’s liabilities, however,… Continue reading Design Professional’s Duty to Provide Non-Negligent Plans