Section 11.5 Warranty Theories of Recovery

• Library: Construction Law 2016 Supp

3. (§11.5) Warranty Theories of Recovery

A majority of jurisdictions limit the liability of architects to situations where the professional is negligent in the provision of services. Providing these services does not create or imply a warranty of a satisfactory result. City of Mounds View v. Walijarvi, 263 N.W.2d 420 (Minn. 1978). The reasoning behind this general rule, as it applies to architects and other providers of professional services, is that the provision of these services is not an exact science. Mounds View, 263 N.W.2d at 424. The inherent possibility of error present in the provision of design services has led the law to require that design professionals exercise that degree of skill and judgment that can reasonably be expected from other design professionals in a similar situation. Id. To find an implied warranty for architectural services would allow an architect to be liable for latent defects in a structure despite the architect’s use of the most current techniques. Id.

The Missouri court of appeals examined a breach of warranty claim against an architect in Chubb Group of Insurance Cos. v. C.F. Murphy & Assocs., 656 S.W.2d 766 (Mo. App. W.D. 1983). This case arose out of the collapse of the roof of Kemper Arena in Kansas City. Id. at 770. One of the theories proffered by the plaintiffs...