Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
AIA Contract Form,Contract Language,Indemnification,Negligence,Standard of Care,Third Party Beneficiaries
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In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective construction work that the Architect failed [...]
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Owner Permitted to Sue a Subcontractor in Idaho, and Economic Loss Doctrine Did Not Bar Claim
ConstructionRisk.com Report Vol. #13, Issue #9
See article in the following topic indices:
Economic Loss Doctrine,Negligence
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A restaurant owner that contracted with a general contractor to remodel a restaurant was permitted by the Supreme Court of Idaho to file a negligence-based law suit directly against an electrical subcontractor that it alleged was responsible for defective installation of a neon sign that caused a fire and resulting property damage causing financial loss. [...]
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Design Professional Had no Liability for Worker’s Injuries Because Intervening Acts of Contractor Prevented Designer’s Alleged Acts from Being the Proximate Cause
ConstructionRisk.com Report Vol. #13, Issue #8
See article in the following topic indices:
Negligence,Proximate Cause,Site Safety
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Design Professional’s alleged errors were not the proximate cause of the death of a construction worker, and summary judgment was correctly granted because intervening negligent acts of the general contractor broke any causal connection between the alleged negligence of the engineer and the death of the worker. The engineer designed a storm sewer for a [...]
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Economic Loss Doctrine Bars Contractor’s Insurance Carrier from Bringing Subrogation action against Design Professional for Negligence
ConstructionRisk.com Report Vol. #13, Issue #7
See article in the following topic indices:
Contractor Claims against Design Professionals,Economic Loss Doctrine,Negligence,Negligent Misrepresentation,Third party beneficiary
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Where Contractor’s insurance carrier brought a subrogation action against the project’s design professional for negligent performance, including failure to prepare contract drawings and specifications in a manner “fully coordinated for bidding by the various contractors” as required in the design professional’s scope of service, it was held that the insurer had no third-party beneficiary rights [...]
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Engineer Did not have Duty to Report to the Public the Environmental Findings it Produced for its Client
ConstructionRisk.com Report Vol. #13, Issue #3
See article in the following topic indices:
Negligence,Standard of Care,Third party beneficiary
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Where engineering firm was retained by the owner of a beryllium plant to perform “stack testing”, it found that beryllium emissions significantly exceeded allowable limits of the EPA, and the engineer so advised its client. It did not report the findings to any government agency or to the community. A woman in the community became [...]
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Indemnity Clause Requires Subcontractor to Indemnify Prime for Injuries Arising out of the Prime’s own Negligence
Bodily Injury,Indemnification,Negligence
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Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out of the performance of the contract. In Spawglass, Inc. v. E.T. Services, Inc., [...]
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A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a six-year period for breach of contract claims should be applied instead [...]
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Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony
Bodily Injury,Expert Witness,Negligence,Site Safety,Standard of Care,Third Party Claims
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Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment. This was because the plaintiff did not present expert testimony on the professional standard of care, and the [...]
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Statue of Limitations for Negligence Instead of for Breach of Contract Requires Dismissal of Action against Architect
Negligence,Statute of Limitations
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A professional liability claim against an architect was governed by a three-year statute of limitations applicable to non-medical, professional malpractice rather than the six-year statute for actions based on breach of contract. Regardless of whether the alleged failures of the architect were a breach of contract, they arose out of alleged malpractice. Actions to recover [...]
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Architect Cannot Sue Construction Manager for Negligence
Construction Management,Economic Loss Doctrine,Indemnification,Negligence,Third party beneficiary,Third Party Claims
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Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits, the court held that the contract between the CM and owner did not create a duty of the CM to the architect, and that the architect no [...]
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