Expanding Scope of Design Professional Liability
Mohammad Ghiassudin, Margolis Edelstein
Courts have increasingly expanded design professional liability beyond contractual privity, particularly through negligent misrepresentation claims, exposing architects and engineers to suits from non-clients and subsequent purchasers. Design professionals are now routinely named alongside contractors and subcontractors in construction defect litigation, with claims implicating both tort and contract theories and requiring compliance with procedural rules such as certificates of merit. These cases also raise complex timing issues, including the application of statutes of limitations, the discovery rule, and statutes of repose.
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