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Design Professional Liability

Who is liable: the builder or the architect?

It depends on the cause. Poor workmanship = builder; flawed design = architect. Expert analysis is needed to determine the root cause.

What is "Standard of Care"?

It is the level of skill and diligence expected of a qualified design professional. Architects are liable if they fall below this standard (negligence).

Do architects have insurance in Georgia?

Professional Indemnity (PI) insurance is not mandatory by law for all, but reputable firms usually have it. Checking this before signing a contract is crucial.

Can I sue an engineer directly?

Yes, if the engineer (structural, MEP) was negligent in their calculations or specifications, you can claim damages from them.

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Design Professional Liability: Errors in Planning and Design

The success of any construction project begins with the right design. Architects and engineers (design professionals) create the foundation upon which the facility is built. However, mistakes in design can lead to catastrophic consequences: building collapse, violation of safety norms, budget overruns, or inability to operate. Design Professional Liability is a legal field governing compensation for damages caused by errors and negligence during the design phase.

In Georgia, the liability of the builder (contractor) and the designer (architect) is often confused. If a wall cracks due to poor concrete, it's the builder's fault, but if it cracks due to incorrect structural calculations, it's the designer's responsibility. Drawing this line requires specific knowledge. Legal.ge offers access to lawyers who will help you identify the responsible party and obtain compensation for damages caused by design flaws.

What Does Design Professional Liability Service Cover?

Specialists on Legal.ge offer assistance in:

  • Identifying Design Errors: Analyzing whether the defect was caused by incorrect calculations, drawings, or specifications.
  • Compliance with Standards: Checking if the design met Georgian building codes and safety norms (e.g., Resolution No. 41).
  • Breach of Architectural Supervision: Assigning liability if the architect failed to conduct proper supervision over the construction process.
  • Budget Overruns due to Design: Situations where the architect designed a facility that far exceeds the client's budget (Negligent Cost Estimating).
  • Professional Liability Insurance: Disputes with insurance companies to obtain reimbursement.
  • Litigation: Claiming damages based on negligence or breach of contract.

Common Scenarios and Real-World Examples

Disputes often concern:

  • Structural Error: The engineer miscalculated the load, causing the building foundation to shift.
  • Non-compliance with Regulations: The architect designed a staircase that does not meet fire safety standards, preventing the City Hall from issuing an occupancy permit.
  • Functional Flaw: A shopping mall design did not account for sufficient ventilation, necessitating the installation of additional expensive systems.

Georgian Legal Framework

Liability is based on:

Civil Code norms for works and service contracts. An architect is obliged to perform work according to "Professional Standards" (Standard of Care). Unlike a builder who is required to produce a specific result, a designer's liability often hinges on proving whether they exercised the same care as another qualified architect would in a similar situation.

Construction Code: Establishes the project author's responsibility for the safety of the design.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Expertise: Obtaining a report from an independent architect or engineer to confirm the error.
  2. Contract Analysis: Checking liability limitation clauses.
  3. Claim: Submitting a demand to the designer and their insurance company.
  4. Court: Resolving the dispute.

Why Choose Legal.ge?

Design liability disputes are technically complex. It is necessary to prove that a professional standard was violated. Legal.ge gives you access to lawyers who can manage complex engineering-legal processes and protect your investment from design errors.

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