Although a slim majority of insurance companies providing architects and engineers professional liability insurance saw their rates stabilize in 2016, nearly one in three experienced modest rate decreases, according to a new survey by Ames & Gough. Despite intense competition, insurers are maintaining underwriting discipline and placing greater emphasis on claims experience. This year, 95 … Continue reading Insurance Market Leader Ames and Gough report Premium Price Decreases
Great article by Matthew Brouchard, Esq. on the rights of a subcontractor to sue design professionals for inadequate plans
Talk about being stuck between a rock and a hard place.
You’re an electrical sub who notices during your performance that installing certain light fixtures per plans would run afoul of the manufacturer’s instructions and violate the building code. You bring the issue to the attention of your general contractor, who submits an RFI. The architect’s response directs you to proceed per plans. The system later malfunctions, and you incur significant cost researching the problem, ultimately concluding that the installation method directed by the architect is the culprit. The architect refuses to pay your costs for researching the issue.
Might you have a claim for negligence against the architect?
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joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.
Equal Rights Center, et al. and Archstone Multi-Family Series I Trust v. Niles Bolton Associates, et al, No. 09-1453 http://pacer.ca4.uscourts.gov/opinion.pdf/091453.P.pdf The Fourth Circuit Court of Appeals found that a Developer/Owner's cross-claim for indemnity is preempted by federal statutory language, therefore disallowing a developer to recoup damages asserted against the architect on the Project. The statutes … Continue reading Developers: Be Wary When Selecting Design Professionals (4th Circuit Decision Ruling that Developer’s Right to Indemnity Preempted by Federal Statute)