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Allegations against Architects and Engineers
Architects and engineers often face allegations which include
breach of contract, practising beyond the scope of license, errors
and omissions in preparation of plans and designs, negligent conduct
of site surveys, negligent selection of materials or equipment,
increased construction costs and negligent supervision of construction.
Practising beyond scope of license
Architects and engineers require a license before entering into
practice. If an engineer drafts an architectural plan, it will
constitute a practice beyond the scope of his license. This could
be used as evidence against him in a civil action for damages.
Professional indemnity insurance policies, in India, exclude this
risk from the scope of coverage.
Negligent conduct of site surveys
Architects and engineers also confront allegations in connection
with their performance of site surveys and profiles of soil conditions.
Such risks are particularly troublesome because determining negligence
is not always possible.
The negligent party may be the project owner who supplied the
information, the contractor who performed additional survey work,
or the architect who modified the information provided. The architect
or engineer often becomes liable because a contractor cannot construct
a structure without a plan for which an architect or engineer
is usually responsible.
Errors and Omissions in the preparation of plans and designs
A significant exposure to liability comes from the allegations
that an architect or engineer was negligent in the preparation
of plans or in the design of a particular structure. Although
courts have held that an architect's work, in the absence of a
special agreement, does not imply or guarantee a perfect plan,
architects are obligated to prepare plans and drawings that conform
to the ordinary expertise and skill of architects.
Some cases clearly show negligence, such as when a floor or
roof collapses because the design did not provide for adequate
structural support. Other cases inevitably involve highly subjective
determinations. In cases involving negligence of design, damages
can be measured in two ways.
First, if the defect in the building is minor, damages are usually
measured by the cost of repairing the defect. Second, if the defect
is major, damages are usually measured by the difference between
the value of the building as it was built and the value it would
have had if it had been built according to the correct plans and
specifications.
Negligent selection of materials and equipment
Even if the architect does not warrant the quality of building
materials to be used, the architect is still required to select
the type of materials to be used. Most claims alleging negligent
specification of materials and equipment are between professionals
and their clients. However, if a third party brings a claim against
the project owner, he may bring the architect or engineer into
the litigation.
Increased construction costs
Construction costs may be higher than what the architect or
engineer anticipated. Consequently the project owner can make
a claim against them for any of the following reasons:
- The quantities shown on the plans and specifications were
wrong, or the design was defective
- The designated construction procedures cost the contractor
too much money
- The architect or engineer will not approve the work, the
estimate, or the materials or equipment that the contractor
has installed
Negligent supervision of construction
The architect's responsibility concerning the duty to
supervise construction is separate and distinct from the responsibility
of those engaged in actual construction. The architect's obligation
is not inherent in the architect- project owner relationship,
but is often established by contract.
Originally, courts held that the duty to supervise was limited
to ensuring that the construction conformed to the specifications
and materials contemplated by the plans. More recently, some courts
have held that the duty to supervise, once accepted, may include
overseeing the construction techniques and procedures. This duty
carries with the responsibility to condemn unfit work. In places
that have laid down structural construction statutes, this exposure
can be significant.
Breach of Contract
A breach of any of the conditions of the contract between an
architect and his client may give rise to a claim for damages
by the client.
For example, if an architect contracts to supply drawings by
a certain date and fails to do so, the architect may be liable
to the client for any resulting increased costs. The architect
may also be liable to suppliers and workers idled by the delay.
Similarly, if an architect is hired to draft plans for a building
not to exceed a certain cost of construction, the architect may
be liable for overruns beyond the costs contemplated in the plans.
However, in the shape the professional indemnity insurance is
available in India of now, these liabilities are excluded from
the scope of cover.
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