Design Professionals

Owners-Architect plans
  • 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.

Mechanical Engineers

Mechanical Engineers-Air Conditioning Vent
  • Selected Case Summary (Not a guarantee of future results)

    The owner of a high-rise building alleged that the design of the mechanical systems for the building was defective. As a result of a prompt and detailed technical response to the claim, the fault of the mechanical engineer was minimized and a reasonable settlement was reached during mediation.

Civil Engineers

Civil Engineers-Paved walkway
  • Selected Case Summary (Not a guarantee of future results)

    The significance of a case involving the defense of a claim asserted against a civil engineer is illustrated by the fact that one of the nation's largest insurers of design professionals chose to utilize the case as an example of its service and commitment to clients in a national advertising campaign. The case involved a claim asserted by a developer who was experiencing problems with the buckling of the floors and sidewalks of a shopping center. During the jury trial, it was shown that the civil engineer had performed its work properly and that the developer's own negligence was the cause of the problems with the shopping center. Accordingly, the jury found no liability against the civil engineer on the fourteen claims asserted by the owner against the civil engineer.

Structural Engineers

Structural Engineers-Building photo
  • Selected Case Summary (Not a guarantee of future results)

    A structural engineering firm was sued for design defects by the original owner more than ten years after substantial completion of a hotel. For the first time, the Texas Supreme Court declared that the Statute of Repose applied to the claims of the original owner, even when the claim was founded on the contract. Thus, the claims asserted against the structural engineer were dismissed.

Soils Engineers

Soils Engineers-Landscaping
  • Selected Case Summary (Not a guarantee of future results)

    A series of claims were made by homeowners complaining of problems with the foundation of their homes. When the homeowners sued the builder, the builder sued the design team. As a result of the explanation of the roles of the various participants in construction, the builder was persuaded to dismiss its claims against the soils engineer.