Legal Issues: Liability

Question 1

Liabilities

Answer 1

Legal responsibilities for injury to another person or damage to property

Question 2

Negligence (Name the four components that would make an architect negligent)

Answer 2

1. Breach of Contract
2. Damages caused by breach of contract
3. Duty
4. Cause as a result of breach

Question 3

Vicarious Liability

Answer 3

Indirect liability imposed on a party when someone they are responsible for makes a mistake, architects have vicarious liability via consultants and employees (errors and omissions)

Question 4

Standard of Care

Answer 4

the level of skill and diligence that a reasonably prudent architect would exercise in the same community in the same time frame given the same facts
-Architects should be wary of raising standard of care or making guarentees above the baseline

Question 5

Exposure to third Party Claims

Answer 5

Architects can be help responsible for negligent acts or errors and omissions that injure or damage third parties with no contractual relationship

Question 6

Privity

Answer 6

Implies liability
Contractual concept that a contract cannot confer right or impose obligations upon any person not in that contract

Question 7

Indemnification

Answer 7

held harmless against the actions of specific named parties
AIA201 Architects and owners are indemnified from damages that result from the work carried by others they have no contractual obligation to

Question 8

What is the vicarious liabilities architect’s have?

Answer 8

1. Architect is still liable for actions of their own consultant
2. Architect is still liable for error’s and omissions of their employee