Contract Language Made Code Compliance a separate Duty from the Standard of Care Duty

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 because it agreed to contract language stating it would comply with the...

Architect not Liable to Home Purchaser for Economic Losses Caused by Failed Sewage Disposal System that Architect Certified to Local Government as Meeting Permit Requirements

Kent Holland, J.D. ConstructionRisk, LLC Where a homeowner sued an architect for negligent misrepresentation and violation of the Consumer Protection Act (CPA) based on the fact that the architect prepared and submitted a certification to the local government as...

Contractor’s Code Violation Does Not Create Negligence Cause of Action by Subsequent Homeowner

J. Kent Holland, Esq. A subsequent (non-original) homeowner may not bring a negligence suit against a homebuilder for economic losses arising from latent construction defects when there has been no physical injury to persons or property. The builder’s violation of a...

A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract

Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...

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

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

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...

Economic Loss Doctrine Does Not Bar Contractor’s Negligence Claim against Architect Since There was no Contract (New Jersey law)

A construction contractor under contract to a city housing authority was not barred by the economic loss doctrine from pursuing a negligence claim against the architect that designed the project under separate contract with the owner.  This is because under New Jersey...