Selected Case Summary (Not a guarantee of future results)
A summary dismissal of claims asserted against one of the world’s largest architectural firms was obtained in a case which established the law in Texas as regards to the application of the Statute of Repose to architects involved in disputes with municipalities. In that case, the Court ruled that the ten-year Statute of Repose barred a suit brought against the architectural firm despite the fact that the time limitation for filing suits does not normally apply to municipalities. The Court found that even though the design defect complained of in the suit was not discovered until immediately prior to the filing of suit (two years from accrual of the cause of action is the normal amount of time a Plaintiff has to sue for negligence), the fact that the project was substantially completed more than ten years before suit was filed entitled the architect to dismissal.
A demand letter was received from representatives of the estate of an individual killed when an allegedly defectively designed structure collapsed. The prompt, detailed response to that demand letter, coupled with an accurate analysis of the applicable law, convinced the claimants to seek other relief. Accordingly, the architect was saved the substantial costs of defense and lost billable time, which necessarily would have resulted had suit been filed.
An architect was accused of negligence in the design of a shopping center which gave rise to a personal injury claim by a shopper. Following a trial, the jury refused to find the existence of any negligence on the part of the architect.