Brian K. Walters | Gordon & Rees LLP | June 6, 2016 Like many states, Nevada has heightened requirements for actions against design professionals for professional negligence. Commonly known in other jurisdictions as a “certificate of merit”, NRS 11.256 – NRS 11.259 require that a complaint filed against a design professional in the nonresidential construction… Continue reading Nevada Department of Transportation (NDOT) is Not a Design Professional for Certificate of Merit Purposes
Tag: Design Professional
Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Michael P. Cotton | K&L Gates | February 29, 2016 In its July 8, 2015 opinion, the Superior Court of Pennsylvania held that design professionals are potentially subject to liability for negligent misrepresentation claims when it is alleged that their design documents negligently included false information via implicit representations. Gongloff Contracting, L.L.C. v. L. Robert… Continue reading Pennsylvania Superior Court Holds that Economic Loss Doctrine Does Not Shield Design Professionals from Liability for Faulty Information Implicitly Represented in Design Documents
Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
Traub Lieberman Straus & Shrewsberry LLP | February 7, 2016 In A&H Properties Partnerships v. GPM Engineering [(2015) No. 03-13-00805-CV], the Texas Court of Appeals decided whether a property owner could maintain a direct action for negligence against a project designer hired by the general contractor, with whom it had no contract. The Court of… Continue reading Texas Court of Appeals Holds Property Owner’s Negligence Claim Against Design Professional Barred by Economic Loss Rule
When Less is More: the Pitfalls of Saying too much in Professional Contracts
Eric G. Cheng | Wilson Elser | November 13, 2015 Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies… Continue reading When Less is More: the Pitfalls of Saying too much in Professional Contracts
Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Allison M. Martin | Newmeyer & Dillion LLP | June 10, 2015 In Beacon Residential Community Assn v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, the California Supreme Court issued a broad ruling creating potentially extensive liability for architects who are the principal designers of residential projects. The Court held that such design… Continue reading Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore