Melissa Dewey Brumback | Construction Law in North Carolina In managing a project as the design professional, you are called upon to wear many hats. One of those hats is that of material specifier and, at times, substitute material approver. What are your duties in looking at substitute materials? As always, the legal answer is… Continue reading Substitute Materials — What are Your Duties? What are Your Risks? (Law Note)
Tag: Design Professionals
The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Jay S. Gregory | Gordon Rees Scully Mansukhani In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of… Continue reading The Importance Of Engaging Design Professional Experts Early, With A Focus On Massachusetts Law
Dynamics of Managing Professional Liability Claims for Design Builders
Eric M. Clarkson | Saxe Doernberger & Vita Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL… Continue reading Dynamics of Managing Professional Liability Claims for Design Builders
Assessing Defective Design Liability on Federal Design-Build Projects
Dirk Haire, Adam Hamilton and Dana Molinari | Fox Rothschild A common misconception by many government officials is that a design-builder is always responsible for every design error or omission on a design-build project. This article examines the actual liability standard applied by the courts and boards of contract appeals when a design defect arises… Continue reading Assessing Defective Design Liability on Federal Design-Build Projects
Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool
Christian Dewhurst and Timothy Fandrey | Gray Reed In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection efforts. Perhaps the most commonly discussed remedy is the mechanic’s lien provided by Chapter 53… Continue reading Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool