Architect Negligence Lawyers in Gainesville, FL
Sometimes, when construction defects arise on a project, it's not the result of inadequate construction means and methods but improper design or specifications. When the design and specifications are prepared by an architect on the project, they must meet certain minimum standards known as the standard of care. If an architect does not meet the standard of care and this breach results in damages to the owner or contractor (and sometimes even the public at large), the architect will be liable under professional negligence or malpractice laws.
Inadequate design can lead to structural failures as well as unsafe environments.
What is Architect Negligence?
When acting in a professional capacity, a design professional such as an architect has an obligation to apply their specialized knowledge and skill to construction projects. If an individual doesn’t meet a minimum standard of care, any number of services generally provided during a construction project could be impacted, not limited to:
- Pre-construction and design investigation, evaluation, and consultation
- Studies, design, working drawings, and specifications
- Work coordination between technical and special consultants
- Codes and regulations compliance
- Construction observation
Negligence can be found if a loss, damage, or injury would not have otherwise occurred or if it happens in combination with another act and has a substantial contribution to damage. A construction law attorney in Gainesville has the professional experience and understanding to help determine the facts of an architect negligence case.
Architect Negligence Leads to Dangerous Situations
Since architecture blends design and engineering together throughout the building process, it is imperative an architect act with the utmost skill, care, and due diligence. Not doing so can and does result in dangerous situations during and after construction is completed, leaving any number of people at risk.
Who Brings A Case Against An Architect?
In cases of architect negligence, the option to file a legal case generally falls with whoever the contract was signed with, typically the owner. However, Gainesville construction lawyers with Warner, Sechrest & Butts, P.A. have worked with people involved in all parts of the construction process.
Contractors & Subcontractors
Though there normally isn’t a contractual relationship between a contractor and/or subcontractor and the architect, claims can be brought using either third-party beneficiary theory or tort theory. Tort theory claims have been successful in a number of states. If you are a contractor whose project has been hurt due to architect negligence, a construction lawyer in Gainesville, FL with Warner, Sechrest & Butts, P.A. can help you determine which theory best applies to your claim.
Builders & Developers
Builders and/or developers can bring an architect negligence suit through impleading if they are sued by a home or property owner following construction completion. This is simply the builder or developer bringing suit against the architect should the final product be unsafe or unlivable. A construction attorney with Warner, Sechrest & Butts, P.A. will look over the case and determine the facts at hand as a builder or developer.
Lenders & Investors
When budgets are set and monies provided to begin a construction project, the expectation is the project will follow this outline. Projects often exceed a budget with a significant amount of time left in the construction outline. Recourse for lenders and investors can include filing suit under a breach of contract by a third-party beneficiary and/or breach of an ancillary agreement. A construction law attorney in Gainesville can work with lenders and/or investors to determine recourse in your specific case.
Land / Property Owners
The land and/or property owner is generally the one to file suit against an architect for negligence. Due to the defined relationship between an owner and architect in a contract, there is little disputing the duty owed to the owner and standard of care expected.
Warner, Sechrest & Butts, P.A. Can Help
Our attorneys have handled claims involving architect malpractice and professional negligence for decades. Attorney Michael Sechrest is board certified in construction law and has years of experience litigating for and against architect negligence cases. We have both pursued and defended architect malpractice claims including defect claims as well as personal injury cases resulting in or as a result of architectural negligence. If you are an architect and would like to discuss a potential liability claim, or if you believe that you have been damaged as a result of architect negligence, contact Warner, Sechrest & Butts, P.A.