Prime Designers in California Held to Owe Duty to Future Purchasers

by Kent Holland | Jul 8, 2014 | Newsletter Article

Dion N. Cominos, Esq. Gordon & Rees LLP    The Supreme Court of California has now published its decision in Beacon v. Skidmore, Owings & Merrill (211 Cal.App.4th 1301 (2014)).  In short, the Court concluded that prime architects designing residential...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied.  This is due to breach of contract language requiring absolute code compliance.  The...

Guide to Architecture and Engineering Pre-Construction Meetings

by Kent Holland | Jun 16, 2014 | Newsletter Article

By R. Burns Logan, Esq. A few weeks ago I wrote an article on construction pre-construction meetings.  See article here. That article was intended to benefit contractors who are beginning work on a new project.  However, pre-construction meetings are also extremely...

Letter to Construction Attorneys – Invitation to Join ABA Forum on Construction Industry

by Kent Holland | Jun 11, 2014 | Newsletter Article

If you are a construction attorney, or an attorney interested in learning more about construction project and practice issues, and have not already joined the ABA Forum on the Construction Industry, I encourage you do to do.  Three times a year, hundreds of...

Reservation of Rights to Make a Cumulative Impact Claim

by Kent Holland | Jun 11, 2014 | Newsletter Article

By Richard J. Long, P.E. Long International, Inc. Imprecise  wording  on  change  order  forms  often  causes  problems  relating  to  what  costs  are included  in  the  agreed  price  for  the  change.    Contractors  may  argue  that  the  change  order language,...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...