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Expert testimony explaining how engineer’s conduct fell below the standard of care is necessary to establish negligence
- Bricker & Eckler LLP
- -
- USA
- -
- August 1 2012
A technical breach by an engineer of its design professional agreement may not be enough to establish that the engineer is negligent
Oregon Supreme Court declines to reconsider Abraham decision
- Stoel Rives LLP
- -
- USA
- -
- May 11 2011
In March of this year, the Oregon Supreme Court issued its opinion in Abraham v. T. Henry Construction, Inc
Discrimination exclusion does not preclude coverage for architects' failure to comply with accessibility requirements
- Wiley Rein LLP
- -
- USA
- -
- April 18 2011
The Missouri Court of Appeals has held that a claim against an architectural firm for professional malpractice due to the firm's asserted failure to design a condominium project in compliance with federal and state handicap access laws did not implicate an exclusion in the firm's professional liability policy for claims arising from discrimination and thus was covered under that policy
Illinois Supreme Court limits potential liability of construction professionals in negligence cases
- Locke Lord LLP
- -
- USA
- -
- February 18 2011
The Illinois Supreme Court, in an apparent victory for the defense bar, has limited the liability of professionals who conduct their activities in accordance with the terms of their contracts
Demand for repairs or recoupment of repair costs not a "claim"; prior knowledge and application exclusions bar coverage
- Wiley Rein LLP
- -
- USA
- -
- November 9 2010
Applying Pennsylvania law, the United States District Court for the Western District of Pennsylvania has held that the state's demand that the insured engineering company perform repairs or pay the state the cost of the repairs was not a "claim" under the applicable architects and engineers professional liability policy because the demand did not allege that the engineering company acted negligently
Third Circuit holds that professional services exclusion in general liability policy applies to all allegations arising out of architect’s work and insurers had no duty to defend
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 6 2010
The Court of Appeals for the Third Circuit, applying New Jersey law, recently held that all claims against an insured architectural firm arising out of the firm’s architectural work on a parking garage that later collapsed are not covered under its general liability policies due to professional services exclusions
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