Architect's Not Liable for Construction Defects Absent Evidence of Deficient Plans
You cannot hang responsibility for a construction defect on an architect absent evidence the architect 's plans led to the defective construction under a D.C. Circuit decision rendered last week.
The architect prepared plans to renovate a building including the building’s heating, ventilation, and air conditioning (“HVAC”) system. During construction, the owner fired the architect for delays in securing permits for the project.
After completion the owner discovered defects in the HVAC system and sued the architect.
When the architect moved for summary judgment, the owner produced reports demonstrating that the HVAC system did not comply with the building Code and had other defects, but no evidence showing how the architect's work caused the Code violation or deficiencies.
The trial court entered and the DC Circuit affirmed summary judgment because of the absence of this evidence. "When there is a construction defect, the architect is one of the usual suspects, but [the architect's] proximity to the problem and [the owner's] accusation alone are not enough to survive summary judgment."