Design professional claims allege negligent design, inadequate specifications, deficient construction administration, or failure to detect defects during observation. The standard is what a reasonably prudent design professional would have done.
Many states require a certificate of merit from a qualified professional before filing.
Alternative Names:
Design Professional Liability, A&E Liability
Why it Matters?
The recurring defense is that design professionals do not guarantee results, and observation duties do not make them responsible for a contractor's means and methods. Claims frequently arise where a defect could be attributed either to design or to construction, making the allocation between designer and builder the central dispute. Economic loss doctrine also limits claims by parties without contractual privity in many states.
Frequently Confused with
Related terms
Frequently asked questions
Do design professionals guarantee their work?
Is a certificate of merit required?
