Claims Retrospective: Working for Condominium Associations May Require a Unique Type of Vigilance.
In Claims onRead moreDesign professionals who agree to perform services for condominium associations may find themselves involved in odd claims. Over the past few years, we have seen some claims by condominium associations and their unit owners that are outside the ordinary claims for failure to meet the applicable standard of care.
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Waiver Provisions in Other Party’s Contracts May Shield Design Professionals, Contractors, and Others from Liability in Certain Situations
In Liability onRead moreIt is not unusual for parties to a construction-related contract to waive certain claims therein. However, the parties may not always fully understand or intend the consequences of the waiver provisions included in their contracts.
Claims Retrospective: Non-Traditional Projects Create Increased Potential Liability
In Claims onRead moreWe have seen an increase in claims arising from non-traditional projects, where the engineering seems to involve experimental or unproven methods, or at least the application of standard engineering methods to a unique set of circumstances. These projects might include the use of new materials, the creation of a new product, or an attempt to create a unique visual aesthetic. While these projects can certainly…
The United States District Court of the District of Maryland Weighs In on the Division of Responsibility between the Structural Engineer of Record and the Engineer with a Delegated Design
In Engineers onRead moreDisputes over the division of responsibility between the structural engineer of record (“SEOR”) and an engineer with whom SEOR has delegated a certain portion of the design (“delegated engineer”) have been the subject of many professional liability claims. However, there are very few cases offering any guidance on the issue. The recent case of Metromont Corp. v. Allan Myers, L.P.1 provides some useful insights as…
The Use of Statutes of Repose in Setting Record Retention and Insurance Maintenance Policies – A Difficult, but Necessary, Endeavor
In Claims onRead moreWhile engineers often use the terms “statute of limitations” and “statute of repose” interchangeably, the distinction between the two terms is of pivotal importance in understanding not only how long documents should be retained, but also in determining how long an engineer should retain insurance coverage and/or how far back the insured engineer’s retroactive date needs to be to ensure that it is covered for…
Claims Retrospective: Designs Based on the Assumption that Certain Permits/Approvals Will Be Waived or Not Required
In Claims onRead moreDesign professionals will occasionally create designs, plans, and/or drawings (collectively, referred to herein as “designs”) with the assumption that its designs will not need to be submitted or approved to the agencies normally required. For example, we have recently received multiple claims in relation to projects where the design professionals have tried to avoid the need to obtain approval or a permit from the California…
How Engineers Can Inadvertently Extend Their Liability
In Claims onRead moreMost engineers understand that if they commit errors or omissions that result in damages, they may face claims from their clients. However, engineers are often surprised to find they may have duties to and be held liable to other parties besides their clients.
Settlement Agreements – Get Them in Writing
In Claims onRead moreIt’s often beneficial for the parties of a dispute to consider an early resolution via compromise. Settlements can offer a mechanism for a cost-efficient resolution, the preservation of business relationships, and peace of mind. Accordingly, it’s not unusual for design professionals to pursue settlements prior to litigation or even during litigation.
An Injured Party’s Carrier Paid the Loss – Are You Off the Hook?
In Claims onRead moreConsider the following scenario: your design error has caused damage to the person or property of another, and you are rightfully concerned about a possible claim against you. However, you later discover that the injured person or property owner has been fully compensated for their loss by their own insurer. Are you off the hook?
Claims Retrospective: Trust but Verify – Relying on Client-Provided Information Can Lead to Claims
In Claims onRead moreBusiness is booming. Engineers and surveyors across the country are working longer hours to try to meet the greater demand for services. While this is great news for job security and profits, many engineers and surveyors are struggling to keep up with the demand and to keep clients satisfied. There is certainly temptation to rely on convenient sources for information that would usually be obtained…
