WestCon Tribune

February 1999

FEBRUARY MEETING

Overview of Construction Professionals’ Liability

Presented by: Alan J. Wilhelmy, Esq.
Field, Richardson & Wilhelmy, Attorneys at Law

Alan J. Wilhelmy is an attorney with the law office of Field, Richardson & Wilhelmy, located in Walnut Creek. Mr. Wilhelmy’s office has an emphasis in the practice of real estate development and construction law. The office is familiar to most members of Westcon for its experience in related litigation and arbitration matters.

Mr. Wilhelmy’s presentation will give Westcon members a brief overview of new legislation, recent legal decisions and consequences of construction law that address the potential liability and the defenses available to the design professionals.

A four page summary of liability of design professionals has been prepared by Mr. Wilhelmy to be available as an handout at our meeting. This summary notes that the design professionals are treated differently from contractors by the courts and legislature, and uses current cases to illustrate these differences.

The specific topics to be presented are theories of liability and certificates of merit. The theories of liability include breach of contract, negligence, strict liability, implied warranties, implied indemnity and negligent interference with economic advantage.

In order to discourage frivolous suits against design professionals, a statement must be obtained from a peer professional that establishes a question of professional negligence. This is generally established by a certificate of merit. The discussion of certificates of merit will include statutory requirements, alternative forms of certificates, exceptions to certificates, disclosure of consultant, consequences of non-compliance, and post trial remedies.

At the conclusion of Mr. Wilhelmy’s presentation, members may address their questions. As both contractor and architect/designer responsibility can be represented by a single Westcon member, we should have some very different and poignant questions for Mr. Wilhelmy.

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