Black & Vernooy Architects v. Smith

Holding: Architect has no duty to third-parties related to undiscovered defects created by Contractor.

more+
less-

An Architect providing AIA Contract Administration sued by woman paralyzed when a balcony fell from a home. The subcontractor had used nails instead of bolts to attach it. The architect did not notice the lack of bolts during site observations. The contractor and owner settled, and a jury found the architect 10% at fault for failing to notice the problem. The Austin Court of Appeals sitting en banc reversed its initial decision, holding that the architect had no duty to third parties in regard to defects that had not been observed. The case is pending before the Texas Supreme Court on a petition for review.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Construction Updates, Professional Malpractice Updates

Reference Info:Decision | State, 5th Circuit, Texas | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Scott Lyford | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

Litigator, mediator, arbitrator, contract adviser. Trial attorney defending architects, engineers,... View Profile »


Follow Scott Lyford:

Reporters on Deadline