Jane Fox Lehman | Constructlaw® | February 14, 2016 City of Whiting, Indiana v. Whitney, Bailey, Cox, & Magnani, LLC, 2015 U.S. Dist. LEXIS 150229 (N.D. Ind. Nov. 5, 2015) The City of Whiting, Indiana (the “City”) contracted with American Structurepoint, Inc. (“Engineer”) to design a lakefront park that would protect its shoreline from erosion… Continue reading Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack Of Privity
Tag: engineer
#6 – New Texas Statute Affecting Condominium Construction Defect Claims
David H. Fisk | Kane Russell Coleman & Logan PC | September 10, 2015 Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code.… Continue reading #6 – New Texas Statute Affecting Condominium Construction Defect Claims
Engineers Beware !! California Courts have held Engineers Owe a Duty of Care and are Liable to Contractors for Plans and Specifications used in the Bidding Process
James C. Earle, Esq. | Ervin Cohen & Jessup LLP | December 18, 2015 In a detailed explanation of an Engineer’s duties and responsibilities, the United States District Court for the Northern District of California held that an engineer that prepares plans and specifications relied upon by contractors in preparing their construction bids for a… Continue reading Engineers Beware !! California Courts have held Engineers Owe a Duty of Care and are Liable to Contractors for Plans and Specifications used in the Bidding Process
Federal Trial Court Addresses the Use of the Engineer’s Standard of Care as a Contract Term
Doug Shevelow | Bricker & Eckler LLP | September 30, 2015 Ohio Revised Code 2305.09(D) establishes the time limitation for suing somebody for most types of negligence (i.e. “tort”) as four years. That raises the question: Four years from when? The answer is four years from when the cause of action accrues, which, of course,… Continue reading Federal Trial Court Addresses the Use of the Engineer’s Standard of Care as a Contract Term
Do Engineers Owe a Duty to Third Parties?
Craig Martin | Construction Contractor Advisor | May 25, 2015 A Texas Court of Appeals, in USA Walnut Creek, DST v. Terracon Consultants, Inc., recently ruled that an engineer owed a duty to the buyer of an apartment complex, even though the engineer had no contractual relationship with the buyer. This is an expansion of the… Continue reading Do Engineers Owe a Duty to Third Parties?