2012 – Has Evidence Been Spoliated? If So, A Motion To Dismiss May Be In Order
By Steven R Goldstein, ESQ – Shaub Ahmuty Citrin & Spratt, LLP
Quite often we are asked to defend an action in which a claim is made against a design professional that damages occurred as a result of improper design and/or construction phase services performed by the design professional. More specifically, it is often the case that damages occur as a result of the failure of a product or element of the construction which may have been designed or specified by the architect or engineer, or the subject of inspections or observations by the design professional during the project.