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Robert D. EmmersonDeFur Voran, LLP, Fishers, IN
Linda FisherArthur J. Gallagher & Co.

Committees: Real Estate Design/Agents

Real Estate Design/Agents

Committee Chair

Committee Vice Chair


 
  
Geoffrey A. Bryce, Esq.

Robert A. Shipley, Esq.

Bryce Downey & Lenkov, LLC
200 N. LaSalle Street, Suite 270
Chicago, IL  60601
312-327-0021
gbryce@bdlfirm.com

Shipley Law Group, Ltd.
135 S.. LaSalle Street, Suite 2100
Chicago, IL  60603
312-527-4545
robert.shipley@shipleylawgroup.com


Overview of the Committee’s Focus:

Architects/Engineers

Professional liability claims against architects, engineers or other construction design planners are the focus of this PLDF committee.  Claimant attorneys are pursuing construction-related lawsuits that complain, for example, about:

• Design Quality

• Project Oversight Conscientiousness

• Engineering Quality

• Code Compliance

• Plan Adequacy

• Specifications Adequacy

• Contract Compliance

• Subcontractor Selection

Lawyers’ allegations may involve contentions of structural failure, project delay, building envelope breaches, personal injury, repair and reconstruction costs, or other adverse construction impacts.  Whether the design professional’s work complied with the applicable standard of care requires thoughtful marshaling of claim facts, building code knowledge and expert witness recruitment.  The Construction Design Claims Committee of PLDF focuses on these subjects and provides information to members on other subjects including, for example:

• Applicability of the Economic Loss Doctrine

• Duties Alleged by Third Parties

• Effects of Contract Terms

 • Limitations Statute Arguments                                                   

• ADR Strategies

• Material Suppliers’ Roles

• Loss Allocation Arrangements

• Property Inspection Planning

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.

Real Estate Agents/Brokers

Plaintiffs’ lawyers have not overlooked making claims against professionals involved in the commercial and residential real estate markets. In good times and in bad real estate transactions may result in party misgivings leading to litigation.

The targets may be real estate agents, brokers, appraisers, mortgage specialists and others. In addition to breach of the standard of care allegations, real estate professionals may be confronted by buyers’ counsel with other common law and statutory claims including breach of contract, negligent and intentional misrepresentation, deceptive trade practice, consumer fraud and other state specific causes of action. Issues raised in such lawsuits may involve:

• Purchase Agreement and Closing Outcomes

• Conflicts of Interest Allegations

• Title Conditions

• Property Condition Discoveries

• Zoning Complications

• Land Covenant Limitations

• Offer Presentation Disputes

• Property Condition Consultant Advice

 

PLDF’s Real Estate Claims Committee addresses strategies useful to the defense of such claims. Issues pertaining to arbitration clause enforceability in listing and purchase agreements, the dual agency controversy, housing discrimination and licensee disciplinary board response measures also fall within the committee’s purview.

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.

Group Feed
Geoffrey A. Bryce posted a new entry in the Construction Design Blog blog in the group Committees: Architect/Engineer Claims.
Posted Tuesday, October 24, 2017
Erin K. Higgins joined the group Committees: Architect/Engineer Claims.
Posted Monday, October 9, 2017
Geoffrey A. Bryce posted a new entry in the Construction Design Blog blog in the group Committees: Architect/Engineer Claims.
Posted Friday, September 15, 2017
Geoffrey A. Bryce posted a new entry in the Construction Design Blog blog in the group Committees: Architect/Engineer Claims.
Posted Thursday, August 17, 2017
Geoffrey A. Bryce posted a new entry in the Construction Design Blog blog in the group Committees: Architect/Engineer Claims.
Posted Tuesday, July 11, 2017
 More »

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Thomas D. Jensen, Thomas S. Mazanec, William McGloin, Joseph J. Bosick, Juan M. Avila

 

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