Becker & Poliakoff

Design Professional Liability

We aggressively pursue claims against design professionals for defect and deficiency claims due to negligence, building code violations and other violations of professional responsibility. We have also defended such claims on behalf of architects such as AECOM. Our Firm through its Chair Steven B. Lesser spearheaded the change in the law in a 1999 landmark decision which was successfully argued before the Florida Supreme Court to make design professionals accountable to those that have sustained damage due to design errors in the absence of contractual privity (Moransais v Heathman).

Representative Cases
Moransais v. Heathman, 749 So.2d 973 (Fla. Supreme Court): This Florida Supreme Court overturned it’s previously held view of the Economic Loss Doctrine providing that any aggrieved party may recover damages from a design professional based on negligence, without the economic loss rule acting as a bar to such claims. This historic case reversed a trend in the courts that prohibited those not in privity with homeowners, including condominium associations, from suing design professionals for damages resulting from their negligent conduct.