Legal Issues: Defense Against Claims

Question 1

Statute of Limitations

Answer 1

Window within which damages can be reported that begins after damages are discovered

Question 2

Statute of Repose

Answer 2

Window within which damages can be reported that begins at the date of SUBSTANTIAL COMPLETION

Question 3

Total Liable Time

Answer 3

• Records to be kept ONE YEAR
• The sum of the Statute of Limitations and the Statute of Repose.
• Architect should keep project records until one year past the total liable time before destroying them.

Question 4

Betterment

Answer 4

When negligence claim is due to omission (not error), betterment entails that the architect will only pay for premium to improve the project beyond what was omitted