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ARTICLE · 27 JANUARY 2014

Fiduciary Duty Claims Against Construction and Design Professionals

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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.

United StatesLitigation, Mediation & Arbitration
Brent Gurney
Brent Gurney
Douglas Curtis
Douglas Curtis
Rachel Murphy
Rachel Murphy
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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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Originally published by the New York Law Journal

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