By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000 was not a breach of its contract. However, the firm’s...
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...
By J. Kent Holland, Esq. ConstructionRisk Counsel, PLLC Where a project owner filed suit against both the engineering firm, and the individual engineer that designed a post foundation for a fabric-roofed farm building, the negligence action against the individual...
Course slides: Contracts for Design Professionals – Module 1 This is Module 1 of a 9 module class that may be taken for AIA Continuing Education credit. Discussion of the following contract clauses: Advertising, Americans with Disabilities Act, As-Built...
Contract Guide for Design Professionals – module 3 of 9 modules. Discussion of the following contract clauses: Environmental Conditions, Green Design, and Standard of Care. Registered with the American Institute of Architects. Any combination of three modules...
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...
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...
Pulte Homes sued the engineering firm that performed certain engineering and testing services for a building site on which it built a home. It alleged that the home developed structural problems after construction due to deficiencies in the engineer’s site work and...
A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied...
In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...
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