Category Archives: Design Professional Negligence

Pennsylvania Supremes Nix Certificate of Merit for “Non-Client” Malpractice Claims

Pennsylvania Supremes Nix Certificate of Merit for “Non-Client” Malpractice Claims

This month the Pennsylvania Supreme Court confirmed that tort claims against design professionals brought by third parties, or “non-clients,” need not be vetted and confirmed pre-litigation by a peer professional review, as would be the case if the claims were brought by a client of the designer. In  Bruno v. Erie Ins. Co., 2014 Pa.

Expansion of Architect Liability to Remote Purchasers

Expansion of Architect Liability to Remote Purchasers

A case from the highest authority on the left coast has many architects and engineers scrambling to find coverage for potentially calamitous professional liability claims never before anticipated. The California Supreme Court recently found that a principal architect owes a duty of care to subsequent condominium purchasers in Beacon Residential Community Association v. Skidmore, Owings

Engineer’s Duty to Warn Limited to Contract Undertakings

In a decision guaranteed to get the attention of professional liability insurers throughout the United States, an appellate court in Pennsylvania has just published an opinion holding that an engineer has absolutely no obligation to warn the public of a potentially catastrophic environmental harm, even when the firm becomes aware of the danger in the course of a professional undertaking specifically

Settlement over Deadly “Big Dig” Design Error

The Boston Globe reported today that the Massachusetts Turnpike Authority, Bechtel Corp. and other contractors and designers on the Big Dig have agreed to settle a wrongful death claim brought by the family of Vincent Cila, a state trooper who perished after his motorcycle impacted hand rails lining the tunnel. Trooper Cila was one of seven motorists killed between