Construction involves many professions and skills. The building’s design, in fact, is the foundation of a successful construction project. Design professionals may be held liable for these defects in lawsuits.
Errors and omissions underly most construction litigation involving architects and engineers. An error is when the design for the building is wrong. An omission occurs when the design professional did not include something in their design.
A nearly infinite number of calculations and considerations underly construction design, and professionals must take reasonable steps to avoid errors and omissions. Architect and engineering companies usually purchase errors and omissions policies to pay for legal expenses from these lawsuits.
Architects and engineers must meet the standard or duty of care that governs their profession. At minimum, their standard of care involves the avoidance of physical harm or personal injury and property damage. It also involves meeting the project’s exact specifications and adequate inspection and documentation.
Failure to meet these expectations may constitute grounds for a negligence lawsuit. These usually involve failure to meet the standard of care, breach of contract, missed deadlines or cost overruns.
Lack of communication among the design professionals and their clients often lead to these lawsuits. Failure to immediately address problems also leads to a negligence lawsuit.
Architects and engineers often leave themselves open to a lawsuit by taking on too many clients and setting unrealistic expectations. This leads to inadequate plan review.
Inadequate review and venting of independent and subcontractors also indicate overextension. In addition to having proper experience and qualifications, independent and subcontractors must have a certificate of liability insurance and general liability insurance.
Negligence or errors and omissions may be costly and cause long-term defects in construction. Attorneys can help clients seek remedies.