Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
1. DEVELOPERS WIN AGAIN AS SUPREME COURT REJECTS A "VOLUNTARINESS PRINCIPLE" - The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings,...more
The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more
On September 1, 2021, Texas S.B. 219 went into effect. This new law incorporates Chapter 59 into the Texas Business and Commerce Code. In short, when a client provides plans or specifications containing design defects to a...more
After meeting for 140 days at the Capitol, Texas Legislators adjourned the 86th Legislative Session on May 27th, 2019. For the construction industry as a whole, many are saying that the 86th Legislative Session was one of the...more
Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more
WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more