Architects liability
This article needs more work. To help develop this article, click 'Edit this article' above.
Contents |
[edit] Sources of liability
An architect may be liable to their client for:
- Breach of contract.
- Through the tort of negligence.
- Under statute.
The question of professional liability can be approached under the following headings:
- A minimum standard of reasonable skill and care is to be exercised in the discharge of professional duties carried out under the contract.
- A higher duty to achieve particular results, comparable with the duty generally placed upon a builder, may be contracted for.
- Duties under the law of tort to third parties may also be owed to a client concurrent with a contractual duty.
- A more specialist duty may be owed in tort when giving advice whether to a client or to a third party.
- Additional duties may be imposed by statutes.
[edit] Contractual duty of care
- An architect has a duty to use reasonable skill and care in the course of employment.
- An architect will be tested against the conduct of other architects.
- The courts recognise that failure is not conclusive evidence of breach of duty: ‘The surgeon does not warrant that he will cure the patient, nor does the solicitor warrant that he will win the case’
[edit] Contractual duty of result
- An architect can, under the express terms of a contract, take on the responsibility to ensure that the end product will perform as required.
- This is a much more onerous standard and will have implications for the architect's professional indemnity insurance.
- Such a duty is most likely to arise in design and build contracts where the architect is employed by the contractor, who generally has a duty to achieve a certain result.
- If the architect's involvement is either as part of a package deal to design, supply and erect an end product, or to design something to comply with stated performance criteria then they may be obliged to ensure that the finished article is fit for purpose
[edit] Duties in tort to clients and third parties
Murphy v Brentwood District Council 1990
- Severely limited the remedies available to third parties by restricting the losses which can be recovered in tort.
- Recoverable losses are now limited to personal injury and physical damage to property.
- Pure economic loss cannot be recovered including reduction in the value of property as a result of damage.
- No duty owed in tort to protect building owners/occupiers from the cost of repairing defects in their buildings or financial losses incurred by reason of remedial works.
- However, if a building has defects that threaten the safety of passers-by, the owner may be able to claim the cost of repairing or demolishing the building so as to make it safe.
- Also, if damage to the building causes damage to other property of the claimant, costs can be recovered in respect of the other property.
- As a result, subsequent owners have relied upon collateral warranties
- Contracts (Rights of Third Parties) Act however, confers rights to enforce contractual terms on parties who are not party to that contract
Hedley Byrne & Co Ltd v Heller & Partners Ltd
- The professional may owe a duty when giving advice to avoid causing economic loss to third parties who rely upon that advice
[edit] Liability for breach of contract
The architect’s obligations are both express and implied:
[edit] Express terms
- Incorporated by the use of standard forms of appointment.
- Made orally or in correspondence.
[edit] Implied terms
- Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract.
- For example, it may be implied by the Supply of Goods and Services Act 1982 that the architect must use reasonable skill and care.
- In the absence of express terms as to time, to carry out the work within a reasonable time.
[edit] Breach of contract
- If an architect does not perform their obligations under a contract, they will have committed a breach of contract.
- Liability will be measured in damages.
- That sum may exceed the architects fees.
- The extent to which the architect is liable may be limited by a limitation clause.
- Liability for breach of contract includes liability for consequential loss in so far as those losses are of a reasonably foreseeable type
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).