This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Suit Against Architect for Malpractice Due to Negligent Design of Structure
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US-01890BG
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STANDARD FORM CONTRACT PROVISIONS.Production and coordination of all plans and specifications including all change orders.Technical accuracy of all documents and often reviews of contracts with subs.Specific design (not design criteria).Workability of the design.Code compliance.Interpretation of the documents.The Architect Responsibilities and Disputes Stimmel Law\nwww.stimmel-law.com > articles > architect-responsibilities-and-disputes
Many young architects are surprised to learn that an architect can be held liable for the negligence of contractors and others working on a project, or that negligence claims can be based on faulty cost estimates or delays in construction.
43 Does the contractor have a duty to draw attention to an error on the architect's drawing? Generally and in normal circumstances, the contractor has no liability for design and, therefore, no liability for the production of design drawings.
As licensed professionals, architects are always personally liable for their own negligent acts, errors and omissions. Therefore, if an architect is the sole owner of the corporation or LLC, there is no real benefit in the form of legal entity.
When a significant error or omission in the plans leads to extra costs, delays, and possibly a flawed building in the end, it is usually the architect's responsibility to make it right.
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.
If, during construction, the general contractor finds fault with the plans, it may seek Request for Information and Change Orders, to shore up the perceived problems with the plans. Ultimately, the general contractor may sue the architect to recover damages it suffered in completing the project.
Making claims against architects You will need to prove you have suffered that loss because of the architect's negligence and show you would have been in a better financial position if it wasn't for that loss. If you are able to do this, then you should be able to claim for damages.