Tag Archives: law

Construction collaboration to achieve design intent

February 27, 2017

Masonry brickwork is testimony to the traditional collaboration between architect, engineer, and mason. Unfortunately, many architects and engineers have curtailed their collaborative construction activities, perceiving the risk of litigation as too great.

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Post-bid Interview Strategy: Developing a defense against tort claims

December 27, 2016

The doctrine of privity in the common law of contract protects architects and engineers from lawsuits by contractors by requiring that for one party to sue another, there must be a contract between them.

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Negligence and the loss of privity defense for architects and engineers (part one)

June 20, 2016

Until its abandonment over the last half-century, the law of privity was a reliable defense for architects and engineers against claims for negligence brought by third parties, even if personal injury was involved.

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The architect as initial decision-maker

December 23, 2015

All claims and disputes between the owner and the contractor on projects using American Institute of Architects (AIA) A232, General Conditions of the Contract for Construction must be submitted to a first-fact-finder for investigation and a written decision before proceeding to mediation or arbitration.

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Contract termination for material breach

July 22, 2014

Most construction projects do not end up in contention and acrimony, but when they do, the design professional is often asked to opine on whether the contractor should be terminated.

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