Section 6.30 Design Professionals

• Library: Construction Law 2016 Supp

3. (§6.30) Design Professionals

It has been held that architects will not be liable for breach of an implied warranty of habitability when there is no privity of contract between the aggrieved parties and the architects. Chubb Group of Ins. Cos. v. C.F. Murphy & Assocs., Inc., 656 S.W.2d 766 (Mo. App. W.D. 1983).

But there is some authority for the position that a design professional makes an implied warranty of fitness for a particular use with regard to his or her plans and specifications. O’Dell v. Custom Builders Corp., 560 S.W.2d 862 (Mo. banc 1978). O’Dell involved a home builder who supplied the design on...