Bill to Limit Design Professional Liability Back on the Table for 2011
.jpg)
If you've been a regular reader of this blog for a while, your probably already familiar with the 2010 effort to create new laws capping or limiting design professional (engineers and architects) liability for damages resulting from their negligence in connection with a project. We addressed this issue in: Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law.
We were happy to notify you that Governor Crist vetoed the bill after favorable vote from the legislature. That information can be found in: Design Professional Liability and Property Insurance Bills Vetoed by Governor Crist.
Proponents of the bill haven't given up. Firm shareholder and Board Certified Construction Lawyer Lee Weintraub posted information on the Florida Construction Law Authority blog a few days ago, specifically regarding the New Proposed Legislation [that] Would Immunize Design Professionals From Tort Liability.
In short, Senate Bill 288 provides that anyone who hires architects or engineers cannot sue them for negligence arising out of their defective design or other work. Those opposed to the bill say this law would discourage engineers and architects from carrying insurance and eliminate most of the consequences of sloppy or careless design specifications - all of which increase costs to building owners, contractors, residents and tenants.
Do you agree? If not, please tell your local senator or representative.
[Design professionals] have an obligation to design to meet code and protect the health, life & safety concerns of consumers. An error in design judgment can be devastating to a unit owner and homeowners that cause damages and in fact- economic damages. An elevator that fails to operate at the appropriate speeds and breaks down results in loss of use which is an economic loss. Imagine how this could impact elderly unit owners. A parking garage that is not properly shored up based on engineering calculations can result in economic loss. These consumers are largely lay persons that often sign agreements (presented by the professional) that contain limitation of liability clauses. 