Category Archives: Negligence

Divided New York Court of Appeals Holds That a Third Party Cannot Sue for Breach of Contract Absent Express Language Naming Them as an Intended Beneficiary and That Claims for Breach of Contract and Professional Negligence Against an Architect Cannot Both Be Maintained When the Allegations Supporting Both Claims Are Nearly Identical

Dormitory Auth. of the State of NY v. Samson Constr. Co., 2018 N.Y. Lexis 218 (February 15, 2018) The Dormitory Authority of the State of New York (“DASNY”) undertook, as project manager, to construct a facility for the Office of the … Continue reading

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No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to grant the appellee’s, … Continue reading

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Mississippi Federal District Court Permits General Contractor’s Negligence Claim to Proceed Against Project Consultant Given Consultant’s Contractual Obligations to Owner

S. Indus. Contractors, LLC v. Neel-Schaffer, Inc., No. 1:17CV255-LG-JCG, 2017 U.S. Dist. LEXIS 196804 (S.D. Miss. Nov. 30, 2017) This case arises out of the West Pier Facilities project at the Port of Gulfport, Mississippi (“Project”).  Southern Industrial Contractors, LLC … Continue reading

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Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it Followed Specifications Provided by the Wisconsin Department of Transportation

Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn contracted with Pro Electric Contractors … Continue reading

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U.S. District Court for Northern District of California Holds Engineer May Be Liable to Contractor for Breach of Professional Duty and Negligent Misrepresentation

Apex Directional Drilling, LLC v. SHN Consulting Eng’rs & Geologists, Inc., 2015 U.S. Dist. LEXIS 105537 (N.D. Cal. Aug. 11, 2015) The United States District Court for the Northern District of California held that an engineer that prepares plans and … Continue reading

Posted in Engineer Liability, Negligence