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

PRICE, District Judge.

In this appeal, we are asked to examine the standard of performance to be applied in an action for implied contractual indemnity. The issue concerns professional engineering services supplied under the terms of an oral contract between the engineer and the architect. The architect appeals what it terms the improper application of tort standards to a breach-of-contract action. Additionally, the architect challenges several evidentiary rulings dealing with the hearsay exception for public records, redac-tions, and expert testimony. Finding the instructions adequately…