The Architect’s Standard of Care

 

Photo by Daniel McCullough on Unsplash

I’m not an attorney, nor do I play one on TV. That said, as an architect—particularly one whose professional obligations include endorsing my firm’s projects and assuming responsibility for the accuracy and adequacy of their documentation—it is important that I understand my obligation to (at a minimum) exercise the professional skill and competence ordinarily provided under the same or similar circumstances by other architects possessing the necessary knowledge, skills, and expertise. This is the basis against which my performance may be measured in a legal proceeding—the so-called “standard of care”—to determine whether my actions may be regarded as professionally negligent.  
 
Generally, the courts hold architects like me, who stamp and sign construction contract documents, to a higher standard of care compared to others who don’t have this responsibility. By stamping and signing our drawings and specifications, I am certifying that those documents comply with applicable codes, regulations, and professional standards. This act signifies my professional endorsement of the project’s design and my assumption of responsibility for its accuracy and adequacy. There is professional liability inherent in the production of construction contract documents; consequently, I may be held professionally and financially liable for any errors, omissions, or deficiencies that lead to costly problems during construction of after the project’s completion.
 
The standard of care likewise applies to assorted key aspects of the practice of architecture:

• Competence and Expertise:  Architects are expected to possess the necessary knowledge, skills, and expertise to perform their duties competently. This includes having a solid understanding of architectural design principles, building codes, regulations, construction techniques, and industry standards.
• Professional Judgment:  Architects are required to exercise professional judgment based on their expertise and experience. This requires making informed decisions during the design process, considering such factors as client requirements, budget limitations, sustainability, and safety.
• Client Communication:  Architects should maintain clear and effective communication with their clients, ensuring that the client’s goals, needs, and expectations are understood and addressed in the design process. Regular updates, consultations, and seeking client input are essential.
• Design Quality:  Architects are responsible for creating designs that meet the functional, aesthetic, and technical requirements of a project. This means striving to produce work of high quality and innovation while adhering to applicable building codes, zoning regulations, and industry best practices.
• Building Codes and Regulations:  Architects must stay up to date with relevant building codes, zoning regulations, and other legal concerns that govern the construction and occupancy of buildings. This entails ensuring their designs comply with these standards to promote safety, accessibility, and environmental sustainability.
• Coordination and Collaboration:  Architects often work as part of a larger project team, including engineers, contractors, and other professionals. They should collaborate effectively, coordinating their work with other disciplines to ensure the project is well-integrated and meets the overall objectives.
• Ethical Conduct:  Architects are expected to uphold high ethical standards in their professional practice. This includes maintaining client confidentiality, avoiding conflicts of interest, and acting in the best interests of their clients and the public. Architects should also consider the environmental impact of their designs and promote sustainable practices.

It’s important to note that the standard of care does not mean I must perform my professional duties flawlessly. Rather, my actions are judged against the standard of care. A failure to meet this standard is what constitutes legal negligence.

On its website, the American Institute of Architects Risk Management Program provides an extensive explanation of the standard of care and how it is applied. For a matter of negligence to exist, the AIA says four elements must exist within a claim:

1. First, there must be a duty owed by the architect to the party bringing a claim against the architect.
2. Second, there must be a breach of the duty owed. Meaning, there must be a failure on the part of the architect to act or perform its services within the applicable standard of care.
3. Third, there must be actual damages. These damages may be purely economic, or they may involve personal injury or property damage. Without damages, even though there is a violation of the standard of care, there is no harm, no foul, and no liability.
4. Fourth, there must be a causal connection between the architect’s failure to perform in accordance with the standard of care and the actual damages incurred. The damage must be a direct and proximate result of the architect’s breach of the standard of care. If the damages did not occur because of the architect's breach of the standard of care, there can be no liability.

Ultimately, the best way to avoid liability is to practice professionally and competently. If young architects embraced this goal from the start of their careers, the outcome would likely be a reduction in building failures and litigation. Capricious, ill-conceived designs would find little favor; instead, creative solutions founded upon sound building science would be the overwhelming norm. Understanding the duty to uphold or exceed the prevailing standard of care should be a critical component of every design professional’s education.
 
The bottom line is that as an architect I have the duty to protect the health, safety, and welfare of the public, as well as providing assurance to my firm’s clients, the contractors who build the projects we design, and the regulatory authorities that our projects meet professional standards and are suitable for construction.