Building Information Modeling: The Wave of the Future?

By: Gary Prather – Travelers Building Information Modeling (BIM) promises to reshape the future design – and the way design professionals do business, but these basic risk management considerations should be taken into account to determine if BIM is right for you. To...

Attorneys Fees Recovery Granted by Court

By: Nancy Zabala Graham The California Court of Appeal in the third appellate district recently affirmed the award of almost $200,000 in attorney fees pursuant to a “prevailing party” attorneys’ fees provision in a contract. What makes this case interesting is the...

Copyright Protection for Design Professionals

J. Kent Holland, Jr. The question of who will own a design professional’s instruments of service is one issue of great concern when I review professional services contracts that design professionals are being pressed to sign by project owners.  Standard form...

Defects in Contractor’s Own Work may be Covered by CGL Policy

By J. Kent Holland, Jr. The Texas Supreme Court in the recent decision of Lamar Homes v. Mid-Continent Casualty Company, 2007 WL 2459193 (Tex.), concluded that allegations of unintended construction defects, whether caused by the insured prime contractor or its...

Limitation of Liability Clause Enforced

By: J. Kent Holland, Jr. Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial...