Architect entitled to fee based on estimated construction costs of low responsible bidder that was double the Owner’s estimate

by Kent Holland | Jul 28, 2026 | Current Issue:, Newsletter Article

Project owner breached its design professional contract when it “unilaterally walked away from the [contract]” without paying the balance of the architect’s fee, and deciding, based on its own calculation of “estimated cost,” that it had already paid the designer in...

Gross Disprortionality Rule Applies to Limit Damages

by Kent Holland | Jul 28, 2026 | Current Issue:, Newsletter Article

The gross disproportionality rule may apply in a breach of a construction contract dispute. Gross disproportionality is calculated by using the diminution in value approach, which measures the difference in value between what is built (the value of the...

City is Third Party Beneficiary of Design Subcontract Despite Contract Wording Stating no Third-Party Beneficiaries

by Kent Holland | Jun 3, 2026 | Newsletter Article

A City filed a lawsuit against the prime design firm (BKI”) that created the hydraulic model for a sewer System.  The suit alleged the contractor breached its contract and committed gross negligence because the hydraulic model was defective. The city also sued an...

Expert Testimony Required for Suits against Design Firms

by Kent Holland | Jun 3, 2026 | Newsletter Article

Project owner (RTI) hired an architect, an engineer and various contractors to construct a clinical research facility for animal health research trials.  After completion, the Owner encountered numerous problems with the facility and filed suit against the designers...

Statute of Limitations Enforced to bar Condo Association Claim against Architect

by Kent Holland | Apr 27, 2026 | Newsletter Article

A court determined that a condominium association’s claim against an architect was time-barred by the applicable statute of limitations. The association filed suit claiming that the double-paned glass of the exterior curtain walls of their building was...

Tort Statute of Repose Inapplicable to Suit against Architect based of Breach of Indemnity Clause

by Kent Holland | Apr 27, 2026 | Newsletter Article

A design firm agreed to design a new athletic field for the plaintiff, Trustees of Boston University (university). It promised to indemnify the university for “any and all” expenses incurred by the university as a result of the architect’s...