In an article published on January 13 in Law360, Adrien Pickard outlines the liability lessons learned from the Surfside condo collapse, six months following the incident.
“The Champlain South Tower collapse, and the suits that have followed, serve as a wakeup call to engineers and contractors, including those who perform work for condominiums,” explains Pickard. “These professionals should review their best practices for communicating warning signs to their clients and protecting third parties from harm.”
Pickard further explains the importance of contractors and engineers taking warning signs seriously, especially when they suggest the possibility of catastrophic failure or where they present the risk of loss of life or property. Additionally, he provides tips and best practices to minimize contractual risk including liability caps, limitations, disclaimers and exculpatory clauses and clarifying the contractor’s duties and scope of work.
“Disasters like the Champlain Towers South collapse are rare,” said Pickard. “Still, risk of loss abounds. Knowing how to minimize and allocate that risk is key. Applying these best practices and including these liability-limiting clauses will help to ensure that contractors are well positioned for success.”
To read the full article, subscribers may click here.