Kemper Architects, P.C. v. McFall, Konkel & Kimball Consulting Engineers, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing in tort actions “[a]n engineer’s duty is to exercise such care, skill, and diligence as people engaged in the engineering profession ordinarily exercise under like circumstances.”
• explaining “[t]he distinction between a contract action and a tort action is that the breach of contract is the failure to perform a duty expressly stated or implied by the terms of the agreement, whereas a tort is the violation of a duty which is imposed by law.”
• implied warranty of fitness for a particular purpose is applicable only to the sale of goods, not professional services, and engineer did not impliedly agree to provide architect with “ ‘useful’ ” and “ ‘workable’ ” HVAC system for its new building

Source: CourtListener parenthetical corpus (CC0).