A design-builder brought an arbitration action against its engineering subconsultant after the expiration of the statute of limitations. The engineer filed suit to stay the arbitration – arguing that the issues in dispute (concerning pre-bid quantify estimates) arose...
Architect had contracted with a College District to perform services in accordance with “all applicable … codes, laws, regulations, and professional standards, consistent with the standard of care of an architect experienced in California schools and college...
Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...
Negligence lawsuit by project owner against its architect was barred by the three year statute of limitations, which accrued on the date the building permit was issued. The court rejected the owner’s argument that the statute of limitations period was tolled by its...
A breach of implied warranty of habitability suit against a homebuilder is held to be a breach of contract action rather than a tort (negligence) action and the statute of limitations/statute of repose period applicable to breach of contract (running 4 years from date...
A homeowner sued the architect and contractor that designed and installed their metal roof, alleging defects due to negligence and breach of contract. The work was done 13 years before suit was filed. Just a year after installation the roof began leaking. The...
A crane operator that sustained injuries when his crane tipped over filed a professional negligence claim against an engineering firm. The complaint was filed two days before the running of the statute of limitations and failed to include a certificate of merit that...
A contract provision in a homeowner contract with a furnace maintenance company shortened from the statutory three years to just one year, the time period for bringing a claim against the company. The homeowner filed suit against the company more than a year after...
By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...
By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...
Connect