Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
ConstructionRisk.com Report Vol. #13, Issue #5
See article in the following topic indices:
AIA Contract Form,Construction Administration,Construction Defects,Expert Testimony,Site Safety,Site Visits,Standard of Care,Third Party Claims
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Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and seriously injure house guests. The duty extended not only to the client but also [...]
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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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Highway Contractor Protected by State Immunity Statute
Government Contractor Immunity,Sovereign Immunity,Specifications - Failure to Meet,Third Party Claims
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Where a highway construction contractor followed specifications given to it by the state, it was immune pursuant from liability arising out of a motorist’s personal injury action. The plaintiff’s law suit alleged that her injuries were caused by, or made worse by, a guardrail that was constructed by the contractor. Under the state of Kansas [...]
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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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Risk to the project architect/engineer (A/E) can be caused when its client (the project owner) provides it insufficient, incomplete, or inaccurate information upon which it relies. Agreements between the A/E and its client should identify data and information to be provided to the A/E by the owner and it should permit the A/E to rely [...]
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Architect Has No Warranty Obligation to Condo Association
Condominium litigation,Homeowner Suits,Third Party Claims,Waiver and Release of Claims,Warranties,Warranty of Design
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When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor, which involved the application of a material called Ardex K-15 over the surface of the concrete to remedy [...]
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Environmental Consultants Are Sued for Cleanup Costs
Environmental Consultants Liability,Environmental Liability,Third Party Claims
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An owner of a property adjacent to gasoline station that was contaminated by leaking underground storage tanks sued professional consultants who had investigated and removed contamination from the tanks, arguing that they had failed to prevent contamination from the site migrating onto their property. One legal theory by the plaintiff was the consultants were strictly [...]
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