Design Professionals (A&E) Archives - Professional Liability Matters

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Christopher F. Lyon Co-Authors Article Exploring E&O Risks of Remote Professional Services in The Brief

Christopher F. Lyon – a partner in the firm’s Management and Professional Liability practice group – co-authored an article in ABA’s The Brief on the transition to remote work pre- and post-pandemic, and the new E&O risks associated with remote work in professional services.

The article examines the shift to remote work for professionals including lawyers, insurance brokers, and financial-service providers.

While the swift and growing transition, paired with advances in technology, provides increased flexibility and a cut in costs on expenses such as travel …

March 18, 2019 Design Professionals (A&E)

NY Considers Limiting Claims Against Design Professionals

The New York Legislature is considering whether to enact a statute of repose that would limit the time for filing a claim against builders and design professionals for construction defects. Assembly Bill A3595 would repeal Civil Practice Law & Rules (CPLR) § 214-d in its current form and reenact § 214-d to codify a statute of repose similar to a significant majority of states.

If passed into law, Assembly Bill A3595 would provide for a 10-year statute of limitations for wrongful death, personal injury, and …

March 8, 2017 Accountants / Cyber-Liability / Design Professionals (A&E)

IRS Warns CPAs: Beware of Phishing

Businesses are increasingly becoming the targets of sophisticated cyber-attacks, and professionals are no exception. When cyber-criminals breach a professional service firm, they not only may gain access to the firm’s corporate data, but also confidential information from the firm’s clients. Therefore, it is incumbent on all professionals to make data security a priority.

In order to combat this threat, the IRS recently issued a warning to accountants and tax preparers about a new phishing scam intended to access professional and client information. The phishing …

February 27, 2017 Conflicts / Design Professionals (A&E)

Sign, Sign, Everywhere Assign

Professionals owe a duty to their clients to satisfy the standard of care commonly exhibited by others within their profession. Consequently, privity is often required to maintain a malpractice claim; i.e. it is often the client with the exclusive right to sue her professional. This narrow application of standing assumes, however, that clients have retained their exclusive right to sue. In fact, as with many torts, clients may freely assign their right to file malpractice actions to third parties, even those that are adverse to …

March 8, 2016 Design Professionals (A&E)

Is it Tort or Contract? Both

Contract law is that body of rules that govern agreements between contracting parties. In contrast, tort laws govern situations where one person has harmed or injured another. Usually, professional liability claims grounded in one body of law or the other. There are various defenses available to the professional to ensure the claim against them falls in one of those categories (if any), but not both. A recent A&E decision would suggest otherwise, however.

The case stemmed from the City of New York’s plans to construct …

December 8, 2015 Design Professionals (A&E)

Avoiding Individual Liability for Corporate Acts

Incorporating a professional practice can help to avoid individual liability when a professional is acting within the course and scope of his employment. For instance, certain states provide statutory immunity to design professionals such as architects and engineers who are acting in a corporate capacity. However, individual immunity from claims may be waived if the professional makes a representation, even inadvertently, in contracts or design plans that could be construed as accepting individual accountability for negligent acts.

A recent case from Louisiana highlights the potential …

October 16, 2015 Design Professionals (A&E)

Does the Implied Warranty of Habitability Extend to Architects?

First recognized in 1972, the implied warranty of habitability protects building buyers and owners from latent construction defects by permitting recourse from builders and sellers. In a case of first impression, the Illinois Appellate Court recently held that this theory does not extend to the work of an architect. The decision significantly impacts the defense of design professionals in Illinois and is worth considering for all design professionals and the attorneys who defend them.

The Illinois Supreme Court first adopted the implied warranty of habitability …

January 8, 2014 Design Professionals (A&E)

When Negligence = Murder: Follow-Up Report

On February 26, 2013 we posted this piece regarding an architect facing manslaughter charges arising from the death of an LA firefighter. At the time we posed this unprecedented issue: Can defective design lead to criminal liability? We’re now in a position to definitively answer that question: “yes,” given that the architect just received a one-year jail sentence.

As previously posted, the case concerns an architect/builder, Gerhard Becker, who was charged with involuntary manslaughter after the $11 million Hollywood home he designed and …

December 4, 2013 Design Professionals (A&E)

3-D Liability? New Printing Technology Means New Exposure

As 3-D printing continues to grow in popularity, PL Matters wonders how this technology will impact the professional malpractice community. Now 3-D users may bring any virtual object to life by directing it to a specialized printer that prints in layers of rubber, plastic, paper or other materials. Once cost-prohibitive and mainly utilized by the medical field (to create prosthetics), the machines are now available to the public for personal and commercial use. But as the machines are more readily available, what happens when the …

June 13, 2013 Design Professionals (A&E)

Legal Implications of Philadelphia’s Deadly Building Collapse

On June 5 two Philadelphia buildings collapsed, killing 6 and injuring at least 13 others. Contractors were in the process of demolishing an empty building when a four-story wall unexpectedly tumbled into the neighboring Salvation Army thrift store leaving a pile of debris and a cloud of smoke. Philadelphians, and beyond, are searching for answers and debating over who is to blame.

According to reports, the Philadelphia Department of Licenses and Inspections had evaluated the demolition site and determined on numerous occasions that …