Section 12 Actions Against Design Professionals

• Library: Prof Liability 2005

As established above, a design professional will often be hauled into court to answer a claim that they were negligent or breached their contract in some manner. Such claims are commonplace. But there are other claims brought against design professionals based on other theories under common law, ranging from negligence per se and negligent misrepresentation to fraud.

As an initial matter, courts have held design professionals responsible to provide a work product prepared with a reasonable degree of technical skill. Rowe v. Moss, 656 S.W.2d 318, 321 (Mo. App. S.D. 1983). The design professional’s work product, while not needing to be perfect, if followed by the contractor, should produce a building without marked defects. Stanley Consultants, Inc. v. H. Kalicak Constr. Co., 383 F. Supp. 315, 319 (E.D. Mo. 1974). In Rowe, the court noted as well that a design professional has an obligation to advise its client if the client’s goals for construction cannot be accomplished or are unable to be constructed. The client relies on the professional for advice, and the professional should advise the client of the consequences of the client’s...