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Beware of Implied Warranties as the Assertion of Such Claims Can Lead to Expanded Liability
In Claims onWhile several jurisdictions only allow recovery of economic loss from design professionals, including engineers, in breach of contract,1 many jurisdictions…
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Claims Retrospective: Problematic Clients Can Lead to Potential Claims
In Claims onOne way to avoid claims is to avoid bad, or problematic, clients. Before entering a contract for services, engineers should…
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Claims Retrospective: Remember, Your Subconsultant’s Work Is Your Work
In Claims onEngineers frequently subcontract a portion of the design work they are responsible for to a subconsultant. However, engineers should realize…
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Although Often Sought by Overreaching Claimants, Betterment Is Typically Not Recoverable
In Claims onWhen there is a problem with a construction project, the property owner often tries to obtain the highest amount of…
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Claims Retrospective: Construction Observation versus Construction Inspection—More Than Just Semantics
In Claims, Construction onDepending on the type of project, an engineer may be involved in construction administration services. These services may include observing…
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Be Familiar with the Grounds for Challenging Expert Testimony
In Claims onLitigation against an engineer will almost always involve expert testimony. Not only because it is required, but to establish the…
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Claims Retrospective: A Licensing Proceeding Can Be a Precursor to a Claim
In Claims onIt is hard to think of anything that could be more detrimental to an engineer’s practice than losing his or…
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Are You Talking to Me? Stay-at-Home Orders and Engineering Practice During the COVID-19 Pandemic
In Claims onThe governors of a majority of states across the country have issued stay-at-home, or shelter-in-place, orders in an attempt to…
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Design Professional Negligence? Only an Expert Can Tell
In Claims onA design professional who has been sued may naturally be concerned about a jury of laypersons sitting in judgment over…
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Claims Retrospective: Construction Observation Services Claims Are Often Avoidable
While many engineers believe that conducting construction observation services can reduce liability, some disagree.
