Negotiating Construction Liability Claims: Architects, Engineers, and Other Design Professionals

Description

Innovations in project delivery models, including design/build, building information modeling, integrated project delivery, and green construction, have presented significant new challenges for design professionals and a varied landscape of potential pitfalls and claims.

Recent trends in the expansion of liability claims include an increase in fiduciary claims against architects and engineers. Claimants carefully parse the design professional's engagement letter for language that may be used to imply a fiduciary relationship.

Generally, third-party tort claims against design professionals for defective design are precluded by the economic loss rule. However, applying the economic loss doctrine to the construction arena is evolving, and court interpretation of the rule and its exceptions vary significantly from state to state.

Through careful contract drafting and negotiations, counsel can identify and minimize certain risks by clearly defining the scope of professional services, limiting liability to third parties, disclaiming warranties, requiring additional insured endorsements, and attempting to limit contract damages.

Listen as our authoritative panel of construction practitioners looks at the scope of risks facing architects, engineers, and construction design professionals and discusses recent case law developments in theories of liability and defenses. The panel will impart practical approaches to minimize the risk of liability through effective contract provisions and project documentation.