Design Professionals Archives

In a recent decision, the Pennsylvania Superior Court clarified the legal requirements for a contractor’s direct claim for economic losses against a design professional caused by defective design. In Gongloff Contracting v L. Robert Kimball & Associates, a sub-subcontractor steel erector brought an action directly against a public project design professional (Kimball) for “misrepresentations” in the design documents. Gongloff claimed that the architect/engineer’s structural design was inadequate in that the steel roof structure and trusses could not safely sustain all required construction loads. As a consequence of those deficiencies, project shutdowns ensued, and multiple change orders were issued resulting in substantial additional cost to Gongloff. When the steel subcontractor and general contractor refused to pay those additional costs, Gongloff commenced an action against the design professional.

The American Institute of Architects initiated a program it calls the 2030 Commitment Program approximately 5 years ago.  Designed as voluntary initiative, its goal is to have member firms and other entitites in design and construction, including those in Pennsylvania and New Jersey, promise to work towards a goal of carbon nuetral buildings by 2030.  The ultimate objective is to make buildings more environmentally friendly. 

A federal district court in New Jersey recently held that the economic loss rule does not apply to bar a contractor’s negligence claim against the design professional for a project if there is no contract between the contractor and the design professional. Based on the holding in SRC Construction Corp. of Monroe v. Atlantic City Housing Authority, any participant on a construction project in New Jersey may have a remedy in tort.

Florida Governor Rick Scott recently signed legislation making a significant chan Rick Scottge  to the potential liability of individuals providing design professional services in the state. The new law, which takes effect July 1, 2013, will enable a business entity to contractually limit the liability of its individual professionals to the extent of that professional’s scope of work performed under the contract. In other words, the individual design professional can now immunize himself for liability in design or project administration. The design firm remains potentially liable.