摘要: |
Design professionals performing inspection services are typically shielded from liability for claims brought by parties with whom they do not have contracts. However, exceptions to the general rule exist. Contractors and subcontractors occasionally find success in suing architects or engineers for negligence if those individuals exercised a significant degree of authority and control over the contractors or subcontractors. Whether a duty of care is owed to the party being supervised is usually determined by whether the architect or engineer had the right to authorize or withhold payments, administer the contract, reject nonconforming work, and/or approve specifications and designs. In this months case, Southeast Caissons LLC v. Choate Construction Co., a state appeals court addressed whether an owners engineer committed negligence and bad faith in the performance of its inspections of a drilling subcontractor. |