Section 6.35 Architects

• Library: Construction Law 2016 Supp

2. (§6.35) Architects

There is little authority in Missouri involving negligence per se claims against architects arising from violations of building regulations. Nevertheless, it is well established under common law that architects have a duty to exercise the ordinary and reasonable technical skill, care, and proficiency that is usually exercised by persons in that profession. Murphy v. A. A. Mathews, 841 S.W.2d 671 (Mo. banc 1992); Chubb Group of Ins. Cos. v. C.F. Murphy & Assocs., Inc., 656 S.W.2d 766 (Mo. App. W.D. 1983); Rowe v. Moss, 656 S.W.2d 318 (Mo. App. S.D. 1983).

Injuries resulting from an architect’s failure to exercise this common-law duty can subject the architect to liability for that injury. Chubb Group. Compensable losses include personal injury and damages to property other than the property at issue. See Clark v. Landelco, Inc., 657 S.W.2d 634 (Mo. App. W.D. 1983). In Business Men’s Assurance Co. of America v. Graham, 891 S.W.2d 438 (Mo. App. W.D. 1994), a state...