Category: Design Professionals (A&E)

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 …

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 …

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 …

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 …

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 …