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Not Being Paid – Suspension as a Possible Alternative to Termination
In Engineers onMost design professionals, including professional engineers, have been in a situation where their client has stopped paying their invoices for…
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Arbitration vs. Litigation
In Engineers onThe shutdowns and delays caused by the COVID-19 pandemic have significantly increased the backlogs in civil courts across the country,…
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Consequences of Bargaining Away the American Rule
In Engineers onMost jurisdictions follow what is called the American Rule, whereby successful parties are responsible for their own attorney’s fees in…
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Does a Design Professional Owe a Duty to Third Parties?
In Engineers onMost design professionals believe the client is the entity they have agreed to perform services for on a particular project.…
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What Does an Engineer’s Stamp or Seal Really Mean?
In Engineers onIf a group of engineers were polled regarding what it means to stamp or seal plans and drawings, the common…
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Claims Retrospective: A Clear Understanding of the Division of Labor Is Critical to Reducing an Engineer’s Liability on Large Projects
In Engineers onWe have seen several claims against engineers who work on shop drawings for a specific contractor on large projects.
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Claims Retrospective: The Risks in Providing Professional Services to a Party Engaged in Litigation
Requests for professional engineering services by a party already in litigation are not unusual and can present unique challenges. The…
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Litigation Holds: Engineers May Have a Duty to Preserve Documents and Other Potential Evidence Prior to the Initiation of a Lawsuit
Compliance with a "litigation hold" generally means preservation of certain documents which may be relevant to a lawsuit. When a…
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Claims Retrospective: Identify and Document the Work You’re Hired to Do—and Not Do
It is not unusual to discover problems outside a project's scope of work that may adversely affect the outcome, especially…