Standard of Care

Jay Gregory | Construction Law Blog One of the key concepts at the heart of Board complaints and civil claims against a design professional is whether or not that design professional complied with the applicable standard of care. In order to prevail on such a claim, the claimant must establish (typically with the aid of expert… Continue reading Standard of Care

Single Contractor Not Precluded from Providing Both Design and Construction Services

Jennifer Brandenburg, Michael Maurer and Gary Schons | Best Best & Krieger | December 4, 2019 A contractor that had two separate contracts with a school district — one for preconstruction services and the other for construction services — did not have a disqualifying conflict of interest, a California appellate court held. The decision provides… Continue reading Single Contractor Not Precluded from Providing Both Design and Construction Services

How Algorithmic Design Improves Collaboration in Building Design

Aarni Heiskanen | AEC Business | April 30, 2019 Design, like everything else in a construction project, is a collaborative effort. Even with digital tools, collaboration across design disciplines is not yet optimal. An experimental project thus set out to test whether algorithmic design could help streamline the interaction between architects and structural engineers. Design… Continue reading How Algorithmic Design Improves Collaboration in Building Design

Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement

David Adelstein | Florida Construction Legal Updates | April 7, 2019 Standard form construction contracts between an owner and design professional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.”   An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope… Continue reading Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement

Deconstructing Damages in Architect or Engineer Malpractice Actions

James W. Walker and J. Brandon Sieg | Vandeventer Black | April 10, 2019 No design professional is perfect all the time. At some point, they make mistakes—specify the wrong materials, leave out a required element, overlook a code requirement, bust a calculation, among other things. Sometimes they catch and correct their mistakes before any… Continue reading Deconstructing Damages in Architect or Engineer Malpractice Actions

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