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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
August 4, 2021

The Design Professional’s Saving Grace: Statutes of Repose and the Elimination of Perpetual Liability on Construction Projects

Legislatively-enacted statues of repose eliminate causes of action after a specified period of time and benefit design professionals by establishing a finite period of time in which a party can bring a civil action against them, thereby preventing stale claims and the difficulty of defending a suit where evidence and witnesses are no longer available.

Professional Liability Blog
October 19, 2020

Beware of Reach of Engineering Evaluations

At the request of the developer of 21 Christian Condominium Association (“Developer”), Pioneer did a property condition assessment (“PCA”) of a 12-story residential structure.  The developer then provided the PCA to all prospective condominium purchasers.  The 21 Christian Condominium Association (“Association”), on behalf of its members, later sued Pioneer for negligent misrepresentation in the preparation of the PCA.  After the circuit court granted summary judgment for Pioneer, the appellate court reversed and held Association had adequately pled the elements of negligent misrepresentation,