Section 8.19 Design Professional’s Liability for Delay

• Library: Construction Law 2016 Supp

H. (§8.19) Design Professional’s Liability for Delay

The architect or design professional usually contracts with the owner, but, under the AIA contract forms, the architect administers the contract. Under the “economic loss doctrine,” an architect or design professional will generally not be liable to contractors or construction managers for negligent performance of duties owed to the owner. See Fleischer v. Hellmuth, Obata & Kassabaum, Inc., 870 S.W.2d 832 (Mo. App. E.D. 1993), in which the court disallowed claims against the architect by a construction manager or contractor for the renovation of the S.S. Admiral docked in St. Louis. The architect’s contractual liability is limited to the owner or those with whom it is in privity, and it is not liable to third parties for pure economic loss.

Missouri courts have recognized exceptions when the purpose of the services is to provide information to third parties that will rely...