Architects in the state of California must follow a standard of care, just like lawyers, doctors, and other professionals. Essentially, there are many rules that define professional conduct and how to accomplish one’s job in a safe and responsible manner. Architects must also be aware of laws that apply to building codes, plans, and structural integrity.
When an architect fails in the duty of care that’s owed to the public, the client is likely to end up with significant losses. Even worse, people may be injured during construction or after the building is completed. Those who are affected by an architect’s negligence may be eligible for compensation from a design professional malpractice lawsuit. For more information on your rights and legal options, contact the architect malpractice attorneys of Normandie Law Firm.
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What Counts as Negligence by an Architect?
Professionals that offer design services must take reasonable care in the work they do for a client. This is the key to ensuring that a house, building, or any other kind of structure is safe and unlikely to cause harm to others. Unfortunately, there are cases of architect malpractice, where a lack of care, time and attention puts many people at risk.
Understanding an architect’s duties is crucial to figuring out whether you have a case for malpractice by a design professional. The role of an architect involves numerous tasks and services, such as:
- Investigation prior to designing a structure and arranging for construction
- Conducting preliminary studies and drafting blueprints, specs, and other documents
- Giving advice on technical aspects of the work, which may include consulting experts in other fields
- Making sure that all plans comply with building codes and regulations
- Consultation for bid documents and recommending contractors for the construction phase of the project
- Making sure that construction is taking place according to plan and the terms of the contract
Examples of Architectural Malpractice
By now, you have an understanding of what an architect is supposed to provide for their clients. In this section, we will go over how an architect can fail in these areas due to negligence or misconduct. Examples of malpractice by an architect include:
- Errors in blueprints and architectural plans due to lack of verification / research
- Assigning people that lack the proper certifications and/or experience
- Lack of supervision throughout the project
- Not paying attention to the client’s concerns or instructions
- Failure to verify local ordinances and ensuring that the project is in compliance
- Neglecting to consult / retain third party consultants as necessary
- Failing to supply thorough building plans in a timely manner
- Breach of contract, i.e., not delivering on the good / services according to the agreement with the client
Here at Normandie, you will find a team of lawyers with decades of experience in architectural and engineering malpractice lawsuits. Please consider a free case review with one of our legal experts, which you can schedule by contacting our office.
Liability by Someone Other than the Architect
We mentioned before that an architect has a duty to supervise the construction phase of a building and ensure that things are being done according to plan. However, this is not the same thing as overseeing all aspects of the construction process. This is the responsibility of the contractor or supervisors that are hired to oversee the job from start to finish.
Sometimes, it can be tough to make a decision on who is responsible when there are costly delays or devastating accidents. Clarification is provided under California’s Business and Professions Code’s section 5536.25(c), which states: “construction observation services does not mean the superintendence of construction processes, site conditions, operations, equipment, or personnel, or the maintenance of a safe place to work or any safety in, on, or about the site.”
In essence, the architect’s duty involves “periodic observation of completed work to determine general compliance with the plans, specifications, reports or other contract documents.” This is a more broad scope, generalized version of what a contractor is supposed to do, and it’s a key distinction when it comes to lawsuits for construction accidents.
Based on the many details that are specific to your case, you may have a case of negligence against an entity other than the architectural firm. Or, you may have a situation where liability is split between the architect and other entities. It’s important to consult an experienced architect malpractice lawyer in these matters.
Contact Our Law Firm
Negligence by an architect has the potential to cause harm and suffering for many individuals that are inside a building and the surrounding spaces. These cases also involve complex legal issues such as liability, engineering principles and local ordinances. A lawyer with experience in malpractice by architect lawsuits can help you make sense of these issues and fight for the compensation you deserve.
As one of our clients, there is no upfront cost, as all of our attorneys work on contingency. As a result, we ask for attorney’s fees to be covered by the party you are suing. This is included in your settlement, so we get paid at the same time you do. What happens if we don’t secure compensation on your behalf? In that case, our Zero Fee Guarantee ensures that you won’t be responsible for the cost of legal services.
Our legal team is here 24 hours a day, 7 days a week, so call us today and schedule a free case evaluation.
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