AHPP Chapter 5 - Architects and the Law Flashcards
What are the two categories of legal disputes for architects?
Party Disputes (delays, failures, fees) Administrative Proceedings (licensing, regulations)
What are the two most common alleged claims against architects?
Negligence
Breach of contract
What must be proven in order to claim Negligence against an architect?
- Duty. The arch must owe a legal duty to the person making the claim.
- Breach. The arch fails to perform the duty or does something that should not have been done.
- Cause. The arch’s breach of duty is the proximate cause of harm to the person making the claim.
- Damage. Actual harm or damage must have resulted from the breach.
What is the architects “Standard of Care”
What a reasonably prudent architect would do in the same general locale, in the same time frame, given the same or similar facts and circumstances.
This definition is established because it is often impossible for a layperson to otherwise determine the negligence of an architect when it is claimed.
Why should an architect be wary of elevated language in an owners’ contract?
Ex. using language like “best practices” or “highest prevailing standards” attempting to elevate the standard of care.
1) It may lead to a great deal of subjectivity and debate if a conflict ever arises.
2) such standards may not be insurable under many typical professional errors and omissions policies.
What are some ways the architect can consciously or inadvertently raise the Standard of Care?
- Promising a certain result (roof will not leak)
- Taking on the contractors responsibilities (dictating means & methods)
- Promising a specific supplier performance result (ex. materials delivered by a certain date)
If an architect was found guilty of negligence in a bad staircase design that did not meet code, what damages would the architect likely be held liable for in this scenario?
- The cost to remove the stairs and installing another set.
What terms are absolutely essential to any architect/owner agreement?
- The Project Scope
- The Project Time Frame
- Project Fees
What is a Limitations of Liability Clause in a contract?
Limit claims by the owner against the architect to a certain amount (ex. a set dollar limit or the balance of the remaining insurance policy) should a dispute arise.
What are Consequential Damages?
Not direct damages (replacing the bad stairs) but arise as a consequence of some act or omission. (Can’t open the building due to delay from replacing the stairs)
What is an Indemnification clause?
(The owner will not pay anything when it’s the architect’s fault)
A provision in the contract that the architect reimburse the owner for damages caused by the architect’s acts and/or omissions. (May not be insurable, so watch out for these)
What is a change order?
The proper documentation of any changes in project scope/time frame/fees, should be signed by both parties, and can be used during disputes as evidence.
What is a concern with Contractor-Led Design-Build?
The usual checks and balances between architect and contractor are not there and the architect may have to perform work that they do not agree with.
Who is liable for damages in a case against a Joint Venture?
It depends on the contracts! Could be both parties liable for an error from one, or just one party liable.
What are Third-Party actions?
Liability for negligent acts, errors or omissions that injure or damage third parties with whom the architect has no contractual relationship (construction workers, passersby, occupants/users, etc.)
What is the usual Statute of Limitations for a case against a design professional?
3-10 years (depending on the state) from the date of a project completion.
What are Statutes of Repose?
Similar to Statutes of Limitation, but the time frame starts when the complaint is discovered, not when the project is completed.
Typically shorter than SoL
