Stephen G. Test | Williams Mullen | July 27, 2017 When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of the risk involved unless you know the scope of liability… Continue reading A Primer on Design Professionals’ Liability in Virginia
Tag: Standard of Care
“Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
Melissa Dewey Brumback | Construction Law in North Carolina | April 13, 2017 Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an insurance adviser who handled various construction professional… Continue reading “Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
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
New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Lynn Maynard Gollin – Gordon & Rees LLP – August 25, 2014 In March 2014, Florida’s Fourth District Court of Appeal issued The School Board of Broward County, Florida v. Pierce GodwinAlexander & Linville, 137 So. 3d 1059 (Fla. 4th DCA 2014), an opinion that addresses two legal issues of interest to parties involved in… Continue reading New and Recently Revisited Florida Law Affecting Construction Disputes and Possible Implications
Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
A technical breach by an engineer of its design professional agreement may not be enough to establish that the engineer is negligent. As the City of Huntington Woods learned in Huntington Woods v. Orchard, Hiltz & McCliment, 2012 Mich App. LEXIS 879, expert testimony may be required to establish that an engineer’s contract breach amounts… Continue reading Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence