The representation of both design professionals, including architects, engineers and land surveyors, and construction managers requires the knowledge, skill and experience of counsel specifically trained in these complex disciplines. The attorneys in the Design Professional Practice Group at Shaub, Ahmuty, Citrin & Spratt, LLP (SACS) possess such attributes as the result of many years of practice dedicated exclusively to the legal representation of these professionals.
Course of Actions Available to Design Professionals for Litigation: Voluntary Discontinuance, Motion to Dismiss, Mediation. This presentation discussed the various options available prior to entering litigation.
By the end of this presentation, attendees will be able to:
- Understand the benefits of mediation and arbitration as viable dispute resolution options;
- Identify grounds supporting a request for a voluntary discontinuance or a motion to dismiss;
- Recognize whether there has been spoliation of evidence, and if so options available to the design professional; and
- Be aware of the impact workplace e-mails have on liability exposure and available litigation options to design professionals
The Galloping Gabions: A Case of Improper Construction Procedures That Resulted in Failure of a Gabion System. If you missed this online webinar presentation the on-demand recording to this very insightful webinar is now available. This presentation provides a brief introduction to gabion design and construction, an explanation of the difference between what was designed and then constructed, a description of the progressive failure and analysis of the problem, an overview of the procedure used to defend against a professional liability claim, and a summary of “lessons learned”.
Hall & Company Sponsors ACEC Washington Spring Conference
Hall & Company is a sponsor of the upcoming 2015 American Council of Engineering Companies Washington Spring Conference at Semiahmoo Resort. Stop by and meet Hall & Company associates Michelle Savage and Jen Caizza.
RISK MANAGEMENT EVENTS
Alert: California Court of Appeal Holds Economic Loss Rule Bars Indemnity and Contribution Claims Against Professional Engineering Firm provided by Severson & Werson
The California Court of Appeal just handed down an important decision for the design and construction industry:
State Ready Mix, Inc. v. Moffatt & Nichol (http://www.courts.ca.gov/opinions/documents/B253421.PDF).
The Court ruled that concrete supplier State Ready Mix, Inc. (State) was unable to pursue any claim for equitable indemnity or contribution against the civil engineer, Moffatt & Nichol (Moffatt). State was sued by the general contractor, which had retained it to supply the concrete for a new travel lift pier at the Channel Islands Harbor, when a portion of the pier had to be demolished and rebuilt after it was discovered that the concrete supplied by State and used to construct the pier was defective. READ MORE
eBook: “A Guide to Managing Engineering and Architectural Design Services Contracts – What Every Project Manager Needs to Know” by John Lowe, Lowe Consulting, LLC – Download Article The book is a resource to design professionals as they manage their professional services contracts. Its more than fifty topics address the process from being selected, through the design process, and to preparation of record documents after construction. The book also contains twelve sample documents intended to improve effectiveness and efficiency during the design and construction process.
Article: Liability for ‘Delegated Design’ – Understanding and Avoiding Risks to Design Professionals – by William Thomas and Anthony Hafner, Pitzer Snodgrass, PC. Today’s construction projects are more complicated than in any other time in our history. While construction means and methods may have become more efficient, aided by technology and innovation, those same drivers have made building components and products more complex. Any project, from a new home to high rise office building, involves highly specialized components and systems which all require an incredible amount of technical knowledge and coordination. In this article Bill Thomas and Anthony Hafner provide extensive definitions, explanations of implications from standard industry form documents, analysis of the caselaw on this subject and more. Download Article
Article Understanding the Reservation of Rights Letter – by Ashley Hurd, Hall & Company You receive your mail and discover a letter from your professional liability insurance company. As you are about to file away the letter, you notice that the insurance company is advising you that there are allegations regarding a recently submitted claim that may potentially cause coverage problems. Your immediate concern is does this means you have no coverage for the claim. Download Article