Washington Construction Law Blog

Whatever you think of Gehry's designs -- the EMP, for example -- this suit will be fun to keep an eye on.

Ceiling height affects how you think.

That, and other insights on the connection between architecture and neurology, found here.

GeoEngineers got into a billing dispute with its developer client and filed an action to recover approximately $80,000 in unpaid invoices related to work investigating the feasibility of building on lots located in a slide-sensitive zone.  The client returned the favor with a counterclaim, alleging the engineer had first said the dewatering system would cost only $1 million whereas the final bid for the system turned out to be $6.5 million, making the development economically nonviable.  GeoEngineers won at the trial court level on summary judgment

The Court of Appeals reversed, ordering a full trial.  The Court held the client should have an opportunity to prove at trial that the engineer violated the professional standard of care by not adequately disclosing the evolving & escalating cost of the dewatering system in a timely manner. 

A copy of the opinion is also available here Download file

Here's an insightful summary of potential risks to design professionals in undertaking green projects, mainly from an insurance coverage angle.

If this case is any indication, architects and engineers have a receptive audience in the new Chief Justice, John Roberts. While sitting on the D.C. Circuit last year, he wrote an opinion affirming summary judgment dismissal of claims by owner against an architect over alleged defects in an HVAC system. The basis of the ruling was the owner's failure to make a causal connection between its "litany" of complaints with the performance of the HVAC and any defect in the plans. The opinion has some choice language, certain now to be used more widely given Judge Roberts' confirmation as the new Chief Justice.

Ruling that the owner had exceeded the scope of its license to use copyrighted architectural plans, the 9th Circuit on January 11 filed an opinion entering a preliminary injunction in favor of the design firm prohibiting the owner's illegal use. The case stems from a large residential development in Nevada. The opinion contains not only a useful summary of copyright law as applied to design instruments, but also will excite all students of federal jurisdiction with its application of mootness doctrines.