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Architect Negligence

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Construction Litigation Lawyers In California, Florida & Nevada

When architect negligence occurs on any construction project, it can cause severe financial and physical harm to all parties involved. Unfortunately for real estate developers, some design mistakes are only noticeable long after construction has finished. Still, most construction contractors, including architects, can be liable for negligence and breaches of contract, even after completing a project.

If you believe your project has been affected by the architect’s work, contact our construction litigation attorneys right away. We have the resources and expertise necessary to help real estate developers in Florida, Nevada, and California file a professional negligence claim against architects. Contact us today to schedule a free case consultation.

What Is Architect Negligence?

When an architect is unable to uphold the performance and safety standards outlined in their contract, developers can take legal action by either filing a claim for breach of contract or suing the architect for negligence. They may also combine both claims into one comprehensive construction lawsuit. To sue an architect for negligence, the plaintiff must prove that the architect owed the project a duty, that the duty was breached, and that this breach was the immediate cause of financial loss.

An Architect’s Responsibilities & Disputes

Architects are responsible for delivering a construction design that is suitable for the building’s intended purpose. To do so, architects engage in a wide range of responsibilities and tasks, including the following.

  • Use Safe & Appropriate Materials For The Project
  • Follow All Relevant Local, State, And Federal Laws, Rules, And Regulations;
  • Follow All Applicable Health And Safety Standards For Workers; And
  • Ensure The Project’s Cost Remains Within Budget Limitations
  • Obtain Appropriate Authorization For Budget Excesses
  • Provide Construction & Design Plans
  • Offer Correct & Proper Advice
  • Obtain Required Licenses & Permits
  • Supervise The Project
  • Coordinate With The Project’s General Contractor & All Subcontractors

Common Examples Of Architectural Negligence

Whether it’s one incident or a series of incidents, negligence at any stage of a construction project has the ability to compromise or hinder the project’s entirety. Blueprint errors, along with errors in architectural plans and other planning documents often arise from insufficient research or checking procedures. Common examples of architecture negligence include the following.

  • Assigning under- or unqualified employees;
  • Inadequately supervising employees;
  • Disregarding a program and/or instructions from the client;
  • Failure to assure applicable code, statute, and/or regulatory compliance;
  • Failure to retain suitable project consultants when necessary;
  • Failure to submit appropriate plans by agreed-to deadlines; and/or
  • Failure to fulfill the terms and conditions outlined in the project agreement.

Architect Negligence In Florida

Registered architects in Florida who are liable for professional negligence are subject to the disciplinary procedures outlined in Florida Statute §481, with a few exceptions. Some projects, including the following, do not require an architecture license and, as such, are not considered architect negligence.

  • A manufacturer of commercial food equipment;
  • Design/build work performed by an architect;
  • Purely incidental work performed by an engineer;
  • Farm buildings;
  • Any building with a value of less than $25,000 not intended for public use.
  • Single or double family residences; and

In Florida, a two-year statute of limitations applies when deciding whether to file an architect negligence case. The time frame begins once the negligence is discovered or should have been discovered under due diligence.

Architect Negligence In Nevada

Nevada Revised Statute §623 details expectations, requirements, and injunctive relief for situations of architect negligence. In many states, affected parties can file a claim for architect negligence under what is called the economic loss doctrine. However, the State of Nevada prohibits the use of the doctrine for the sole purpose of recovering economic losses. To file an economic loss doctrine case, the professional negligence action under question must have also led to personal injury and/or property damage.

Architect Negligence In California

Many states, including California, require a certificate of merit to file a suit against an architect. Generally, proof of negligence relies on evidence of a blatant lack of care, comprehensible by a layperson. The use of expert testimony typically establishes whether the required standard of care was followed and utilized by the architect. California law is similar to Nevada’s, as it generally doesn’t allow for recovery based on purely economic losses.

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Why Hire Construction Litigation Lawyers

Not all cases of architect negligence are obvious. Many are subtle and affect the building after construction finishes. Whether issues arise immediately or months after the fact, they can create numerous structural and safety issues. If your California, Florida, or Nevada construction project has been affected by the negligence of the project architect, contact Pursiano Barry Bruce Demetriades Simon LLP. Our skilled construction litigation lawyers understand this subject area and how to help you recover for damages that occur. Contact us today to schedule a case consultation.

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