Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
AIA Contract Form,Contract Language,Indemnification,Negligence,Standard of Care,Third Party Beneficiaries
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In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective construction work that the Architect failed [...]
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Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests
ConstructionRisk.com Report Vol. #13, Issue #5
See article in the following topic indices:
AIA Contract Form,Construction Administration,Construction Defects,Expert Testimony,Site Safety,Site Visits,Standard of Care,Third Party Claims
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Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and seriously injure house guests. The duty extended not only to the client but also [...]
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Boilerplate Can Burn!
AIA Contract Form,Boilerplate,Waiver of Consequential Damages
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There are no “industry standard” construction form documents. But the forms issued by the American Institute of Architects (AIA) come close, being widely used. One key provision to be considered is the issue of consequential damages. “Consequential damages” are damages, losses or injuries which do not flow directly and immediately from the wrongful act of [...]
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