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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...

Design Professional Owes Duty to Third Party Condominium Unit Purchasers

by Kent Holland | May 16, 2013 | Newsletter Article, third party claims

A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise.  The court relied on both the...

Contractor Permitted to Pursue Tort Claim against Engineer for Allegedly Defective Specs and Failure to Approve Payment Requests

by Kent Holland | Mar 29, 2013 | Newsletter Article

Under Louisiana law, a federal district court held that the general contractor, on a public contract to build a warehouse, could sue the owner’s project engineer for negligence based on allegations that the contractor’s ability to perform its obligations to the Owner...

Economic Loss Doctrine Did Not Bar Contractor Claim against Architect for Defective Specifications

by Kent Holland | Mar 29, 2013 | Newsletter Article

Where a structural steel subcontractor filed suit against the project owner’s architect, alleging that the architect’s plans and specifications were defective and caused delays that economically damaged the contractor, a trial court applied the economic loss doctrine...

The “Completed and Accepted Doctrine” Bars Third Party Suit against Architect that Failed to Observe and Report an Obvious, Patent Construction Defect to Owner/Client

by Kent Holland | Feb 20, 2013 | Newsletter Article

The “Completed and Accepted Doctrine” was held by a court to bar a slip and fall case against an architect who failed to observe that a construction contractor had failed to install “contrast marking stripes” on steps inside a theater the architect designed.  The...
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