Can a design agreement disclaimer between an owner and an architect negate an architect’s duty to an injured worker? According to the Supreme Court of Louisiana, yes. In Bonilla v. Verges Rome Architects, 2024 WL 1229219 (La. Mar. 22, 2024), the architect was on site […]
In our last post we discussed the tension between form and substance when complying with statutory requirements. In Do v. Arizona Board of Regents, the Arizona Court of Appeals supported rigid adherence to statutory formalities. 539 P.3d 131 (App. 2023). However, in other circumstances, courts […]
When it comes to complying with statutory requirements for administrative appeals, should form ever trump substance? The court determined it should in Do v. Board of Regents. No. 1 CA-CV 22-0752, 2023 WL 6889720 (Ariz. App. Oct. 19, 2023). There, the court held the time […]
Our previous three blog posts focused on negligence claims between non-contracting parties for purely economic losses. The distinction between economic loss and non-economic loss is important because: (1) contracting parties are barred from bringing tort claims for purely economic losses, Flagstaff Affordable Housing, LP v. […]
Our last post, Economic Damages and Contractual Privity Pt. II: Have Donnelly Negligence Claims Survived?, discussed how Cal-Am dicta stated there are situations where public policy duties between contractor claimants and designers can arise out of Restatement (Third) of Torts § 6 . These situations […]