Construction Law for Design Professionals, Construction Managements, and Contractors

CHAPTER $12$ DEFENSES TO CLAIMS OF DESIGN PROFESSIONAL LIABILITY

REVIEW QUESTIONS

$1.$If a defect is known to the owner at the time of acceptance, and the owner did not object or reduce payment due the contractor or designer, has the owner waived any claim against the contractor or designer?

$2.$ If a contractor sues a design professional for economic losses caused by a defective design, when does the statute of limitations period begin?

$3.$ What is the difference between the immunity a judge receives versus the quasi$-$judicial $259$ immunity that is given to a design professional who acts as an arbitrator?

$4.$What are the two broad categories of legislative protections for design professionals?

$5.$What are certificate of merit statutes and how do they function?

$6.$ What are some words that should be avoided in the contract of a design professional in regard to their standard of performance?

$7.$What is the purpose of a $$limitation of liability$$ clause and how is the maximum amount of damages determined?

$8.$If a client sues both the contractor and the design professional, and settles or obtains a judgment against the contractor, how might this be of benefit to the design professional?

$9.$ What are two methods that parties can use to define the statute of limitations in a contract?

$10.$ Under what conditions are exculpatory clauses enforced?