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Results: 1-10 of 16

Architects’ duties to inspect the works

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • April 24 2007

In the following case, the judge observed that the architect’s inspection role has been the subject of surprisingly few cases

Standard of care of home inspectors and limitation of liability clauses

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 10 2010

In Salgado v. Toth (November 11, 2009), the British Columbia Supreme Court considered the standard of care of a reasonably prudent home inspector and more importantly, the effectiveness or, moreover, ineffectiveness, of limitation of liability clauses in the professional context

Res ipsa loquitur

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • April 30 2008

When will a court rely upon the maxim res ipsa loquitur (“the thing speaks for itself”)?

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

Negligence: a consultant's duty of care in tort for economic losses

  • Norton Rose LLP
  • -
  • United Kingdom
  • -
  • August 29 2008

When will a consultant owe a design and build contractor (with whom it has no contractual relationship) a duty of care in tort during the tendering period, to avoid causing the contractor economic loss?

Pearson Education Ltd v Charter Partnership Ltd liability for negligent design CA 21 February 2007

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • April 13 2007

Architects who designed an inadequate drainage system for a warehouse were liable in negligence to the occupiers for resulting flood damage where a third party had discovered the inadequacy following an earlier flood but had not conveyed that information to the occupiers

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

Subrogated claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 21 2012

Brit Inns Limited ("Brit Inns"), a company now in liquidation, had engaged the defendant contractor to construct a new building intended to comprise a basement restaurant, a groundfloor bar and residential flats

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