Section 27 Practice Tips

• Library: Prof Liability 2005

Handling a case involving the liability of a design professional is unique and can be very complex. The practitioner is advised to evaluate the allegations very carefully whether the representation involves asserting the claims or defending the claims. Just as in any professional liability case, the critical issues of standard of care, causation, and damages must be analyzed, and the lawyer making the claim must know the elements of each cause of action. Conversely, the lawyer defending the case must consider all possible defenses to the claims.

Defending any professional requires sensitivity to the economics of the case and balancing, with the client’s advice, considerations of expense, reputation, current and future business relationships, emotional and moral issues, and legal principles. In short, representing a design professional is and should be a highly professional undertaking.

Although the practitioner does not need to be an architect, engineer, or surveyor, a basic understanding of construction processes and terminology is an integral part of handling a design case. Every case is different, and the factual issues vary widely, depending on whether the alleged departure from the standard of care relates to the practice of...