Duty

In the case of 21 Park Place NY L.P. v ABN Realty LLC (2023 N.Y. Misc. LEXIS 1239) the engineer filed a Summary Judgment in a matter involving the collapse of an adjacent building during construction. The General Contractor filed a third-party claim against the Engineer, who took the position that their scope was simply a document review for the owner.? The Contractor took the position that emails indicated that they had also performed site visits, opined on the bearing walls and had met with Department of Building representatives.? The court found that the Engineer owned a viable legal duty to the Contractor if the evidence showed that they had provided engineering services of the project.? It is up to the courts to determine who the Engineer may owe a duty, and some take a more expansive view than others.? Additionally, it should be recognized that scope can be increased by actions.