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FROM THE BENCH: All CoMET firms win big as a result of Converse's Harmon Tower victory

from ASFE/GBA

Century Steel, Inc. (Century) and its successor in interest Pacific Coast Steel (PCS) sued Converse Consultants alleging that the firm had performed its construction-materials engineering and testing (CoMET) services negligently, contributing to the problems being experienced by Las Vegas' ill-fated CityCenter/Harmon Tower project. Converse defended in part by stating that CoMET services are professional services and, because they are, Century's and PCS' lawsuit had to be dismissed: They had violated state law by failing to submit a report indicating that, in a qualified expert’s opinion, services failed to meet the standard of care and, as a consequence, damages were incurred. Shockingly, a trial court ruled against Converse. Not to be denied, Converse appealed and the appellate court reversed the trial court's ruling, holding that, in fact, CoMET services are professional services and had to be treated as such. more


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