WEBINAR: Financial Services Investment in the Next Administration

Join Clark Hill’s Commercial Real Estate attorneys and industry professionals for a timely and dynamic program in Dallas, focusing on the latest challenges and top trends in the CRE industry.

Using one eminent domain lease clause across states risks lost value. Learn how state laws should reflect notice and just compensation for better protection.

An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not investors who will share in the profits of a successful project, can ill-afford to expose themselves to unlimited liability for negligent errors and omissions in the performance of their services. Architects and engineers would argue that it is fundamentally unfair to expose them to unlimited downside risk when they do not directly participate in the upside profit potential of the projects they design. Owners and developers would counter that this is why design professionals carry professional liability insurance. But even simple design errors can lead to liability that is many times greater than the amount of such insurance.