Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, 226 Md. App. 420, 130 A.3d 1024, 2016 Md. App. LEXIS 3 ( Md. Ct. Spec. App. Jan. 28, 2016)
The City of Baltimore retained a design professional, Rummel Klepper & Kahl (“RK&K”), to produce a design for construction of a wastewater treatment plant. The City then invited bids for construction of the plant, and contractor Balfour Beatty Infrastructure (“Balfour Beatty”) was the successful bidder. RK&K and Balfour Beatty each had a separate contract with the City, but did not have a contract with one another. After alleged defects in RK&K’s design caused Balfour Beatty to incur delays and increases to the cost of its work, it sued RK&K, but not the City.
Balfour Beatty asserted claims against RK&K for professional negligence, negligent misrepresentation, and information negligently supplied for the guidance of others under § 552 of the Restatement (Second) of Torts. Balfour Beatty alleged that it based its bid and resulting contract with the City on design details specified in RK&K’s design packet, but that flaws in the design delayed Balfour Beatty’s progress and necessitated costly and time-consuming re-work to portions of the project.
RK&K...
