Liability of Design-Builders for Design, Construction, and Acquisition Claims (2015) / Chapter Skim
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Pages 4-11
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4related to design development and contract administration issues affecting the design process. The heart of this digest is Sections V, VI, and VII.
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5responsibility can significantly impact the treatment of design liability, as it shifts risk of design errors to the contractor (assuming it is the design– builder) and those furnishing design services to the contractor.
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6project's needs. The court concluded that had the government done so, it would have discovered that the waterstop was adequate and its replacement was unnecessary.
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7Instead, the standard of care for performance of design services is generally defined as "the ordinary and reasonable degree of care required by a prudent professional under the circumstances."15 Commonly referred to as the "professional negligence" standard of care, it requires a plaintiff to meet the following elements: 1) a duty owed by the designer to the plaintiff; 2)
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8with the contract and the applicable standard of care. It also held, however, that the Corps was not entitled to recover its repair costs because it did not meet the third test for negligence -- causal connection to the Corps' damages.
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9architect's favor, the Supreme Court of Minnesota held that: It is the general rule that the employment of an architect is a matter of contract, and consequently, he is responsible for all the duties enumerated within the contract of employment. …An Architect, as a professional, is required to perform his services with reasonable care and competence and will be liable in damages for any failure to do so.
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10 contractor to correct design errors and omissions without assurance that the error or omission arises to a level of professional negligence and will ultimately be paid by the designer.
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11 Adoption of the city's implied warranty theory would in effect impose strict liability on architects for latent defects in the structures they design. That is, once a court or jury has made the threshold finding that a structure was somehow unfit for its intended purpose, liability would be imposed on the responsible architect in spite of his diligent application of state-of-the-art design techniques.
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