There was a recent article on law.com that went into detail about how design professionals such as architects and engineers are exposed to significant risk and potential liability for errors and omissions in possibly more than just their designs on construction projects.
It was an interesting article worthy of sharing…it stated “In addition to potential up-front design errors, many professionals participate in project administration, which includes the review and approval of payment applications, inspecting and approving construction work as it progresses, and providing clarification and information through submittal approval and RFI responses, which also puts them at risk for post-completion claims. Florida courts have been expanding this liability and risk, and the Fourth District Court of Appeal’s decision in Uddin v. Singer Architects, No. 4D18-2972. (Fla. 4th DCA 2019) is consistent with this expansion by confirming that contractors (who may not even have a contract with the design professional) can file suit against the design professional to recover their damages caused by defective design and project administration. On many construction projects, the owner hires and has a contractual relationship with its design team, or at least some members of that team. The architect and other members of this team are, of course, liable to their client (typically the owner) for negligence as well as breach of contract. However, what about project participants, such as contractors and subcontractors, who may not have a contractual relationship with the design professional, but could be damaged by their negligence? In the Uddin case, the court held that the contractual relationship was not necessary to impose liability and, in so holding, dramatically increased the risk to design professionals. There are broad categories of potential damages and parties that could be injured as a result of defective design work on a construction project. There are some obvious examples, such as structural defects resulting in a collapse and corresponding personal injuries and property damages, costs to clean up and repair as well as increased costs of delayed completion. Less obvious examples include such issues as the design professional’s delayed inspection of work in place, slow response time to inquiries such as requests for information or submittals or the failure to properly coordinate design documents by various sub-consultants resulting in conflicts. The impact of these types of errors and omissions can likewise result in significant increased costs and delays to project completion, all of which can be charged back to the culpable design professional.”
Read the full article on www.law.com by clicking here:
https://www.law.com/dailybusinessreview/2019/11/21/fla-courts-continue-to-expand-liability-of-design-professionals-on-construction-projects/
source: www.law.com
