An Architect's Liability for Others' Work
In the absence of a contractual agreement between the plaintiff and the architect, the general rule that an employer is not liable to the public for the work of its independent contractors will likely shield the architect from vicarious liability for the work of its independent subconsultants, leaving plaintiffs to argue the existence of a nondelegable duty.
August 22, 2024 at 12:39 PM
6 minute read
ConstructionIn a recent trend in construction defect cases, plaintiffs claim that an architect of record is liable not only for its own architectural design work but also for the design work of other disciplines, such as project engineers. Plaintiffs now frequently argue that the architect, who is typically tasked with assembling the plans prepared by all project design professionals into a single set of construction documents, is responsible for the code-compliance and overall sufficiency of the entire set. Plaintiffs pursuing the architect in negligence base this claim on theories of vicarious liability or breach of nondelegable duty, often improperly conflating and combining the two. However, absent a contractual agreement by the architect to be responsible for these services, Florida law is unlikely to impose any such responsibility.
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