Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements
By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a "patent deficiency" in design or construction that is "apparent by reasonable...
Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner's Fraudulent Misrepresentation Claim against Architect
School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building. The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...
AIA Contract Clause Setting Time Limit to Bring Suit after Substantial Completion Upheld
Where a hotel developer agreed by contract with its builder to limit the time for filing suits to four years following substantial completion, a California court of appeal held that this did not conflict with public policy. Parties are permitted the freedom of...
Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay
Where a general contractor failed to follow contract procedures to submit a time extension request, a city was entitled to collect liquidated damages from the contractor despite the fact that the city caused the delay. Since the contractor failed to follow the...
Subcontractor forfeits right to arbitration by filing demand untimely
Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking...
Contractor Suit Dismissed for Failure to Follow Claim Procedures of Contract
A homebuilder's lawsuit against a city and its architectural firm for refusing to grant change orders for additional costs was rejected by a court because the contractor failed to comply with a contractual requirement that it give written notice to the architect of...
Architect may legally limit time period for being sued, but may be equitably estopped from enforcing the limitation
A homeowner (Northridge) retained an architectural firm (JWFA) to provide design and contract administration services for the renovation of a residential townhouse complex. Leaks were found in the roofs shortly after construction was completed. It was not until...
A/E Contract Established Time Limit for Suit
To better manage and price the risks associated with design services, A/E's often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the...
Limitation of Liability in Agreement Not Applicable to Causes of Action Arising Out of Contract Addendum
Where a limitations of liability (LoL) clause was located in an Agreement, the clause was held not to bar recover for damages incurred by a contractor due to work being suspended pursuant to a suspension of work clause that was located in the addendum to the contract....