United States:
Fiduciary Duty Claims Against Construction and Design Professionals
27 January 2014
WilmerHale
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Imagine that you are general counsel for a construction or
design firm. A complaint arrives on your desk in which a client has
accused your company of myriad failures, including significant cost
overruns and defects in your work. You find the familiar line-up of
claims in the complaint, such as breach of contract and negligence,
but then you encounter something unexpected: a claim for breach of
fiduciary duty. The plaintiff—a typical client who engaged
your firm in an arm's length transaction—cannot possibly
show that your company is its fiduciary, right? Well, not
quite.
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article
Originally published by the
New York Law Journal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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