Hopefully, it would not take a lawsuit to convince design/construction professionals or owners to consistently incorporate a proactive approach to address the most common construction-litigation concern—moisture intrusion at building exterior systems. Continue reading
Your client owes you, files for bankruptcy… and you have to pay back money?
For design professionals who run their own business, it is never a good feeling to find out a client has filed for bankruptcy. In many cases, there are warning signs—slow payments, missed payments, or nonpayment—so when you receive the ultimate news, it may not come as a surprise. However, what may come as a surprise is when a customer files bankruptcy, your design or specifications firm may not only lose out on any unpaid debt, but also be forced to return money already received. Continue reading
Werner Sabo, FAIA, CSI, and James K. Zahn, FAIA, CSI
The authors have come across some interesting recently reported cases in the world of construction law.
In Builders Mutual v. Donald A. Gardner Architects, an architect sued a builder for copyright infringement.1 One issue was whether the builder infringed the architect’s copyrights by posting online photographs of a house designed by the latter. An exception at section 120(a) of the Copyright Act states:
The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work embodies is located in or ordinarily visible from a public place.
Based on this, the court held the taking of photographs of a constructed building did not infringe on the designer’s copyright. Continue reading