Claim Against Design Professional Arises When Design Was Completed
Kegler Brown Construction Law Newsletter June 4, 2015
The timing of suits against design professionals is often debated. A recent Ohio case has determined that a negligence claim against an engineer for design errors and omissions had arisen when the design was completed, as opposed to the time when the parking lot failed post-construction. The court ruled that the negligence claim had expired under the four-year statute of limitations under O.R.C. §2305.09(D). Life Time Fitness, Inc. v. Chagrin Valley Engineering, 2014 WL 6879082 (N.D. Ohio 2014).
But the court also ruled that the contract claim against the engineer had not expired under the statute of limitations, which is longer for contract claims. Cases like this one emphasize the need for prompt action against design professionals when design errors are discovered.