Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice

by Kent Holland | Oct 27, 2015 | Newsletter Article, standard of care

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...

Court Holds New Jersey Affidavit of Merit must be from Like-Licensed Professional

by Kent Holland | Sep 1, 2015 | Newsletter Article, standard of care

Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional negligence claims against design professionals. These laws, which evolved...

A/E Failure to Meet Standard of Care Entitles Project Owner to Recover on Negligence Claim but not for Breach of Contract

by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care

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...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

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...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

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...

Engineer Can be Sued for Breach of Warranty of Professional Services

by Kent Holland | Mar 4, 2014 | Newsletter Article, standard of care

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...