Architecture Law

Question 1

Tort

Answer 1

A civil wrong resulting from negligence as opposed to a criminal act

Question 2

Four elements of a Profession Negligence Claim

Answer 2

1. Duty
2. Breach of duty
3. Damages
4. Causal connection b/t breach and damage

Question 3

Standard of Care

Answer 3

Generally defined as what a reasonably prudent Architect would do in the same general locale, in the same timeframe, given the same or similar facts and circumstances

Question 4

Mediation

Answer 4

A neutral person(s) facilitate communications between disputants to assist them in reaching a mutually acceptable agreement

• can select your mediator
• settlement not required
• non-binding

Question 5

Arbitration

Answer 5

Like a private court. Parties voluntarily submit their dispute for resolution by impartial third person(s) instead of by judicial court process.

• choose decision maker
• binding resolution
• private
• faster than court
• limitations of other legal tools (right to discovery, judicial review, etc)

Question 6

Privity

Answer 6

Two parties to a contract or other transaction have a connection or mutual interest.

Therefore, lack of privity (like in architect-subcontractor relation ship) there is no connection or mutual interest. This protects the architect from claims by the subcontractor.