Claims Examples

Product Substitution Issue

An architect was retained to design a residential property. Based on the contractor’s recommendation, the architect agreed to a product substitution for exterior fixtures even though the architect had no experience with this product. Years following occupancy, the owners issued a claim against the architect alleging that the product, as specified, failed and was intended specifically for interior use only. As the only design professional retained, the architect was held to a higher standard of care than the contractor and faced considerable exposure for the costs associated with repairs.

Negligent Design

An architect of a commercial development filed a lien against the property in an attempt to recover outstanding fees from the project owner. The owner issued a counterclaim alleging negligent design. The owner also brought the architect into a pre-existing lawsuit alleging that the architect failed to meet the terms of the construction management contract and directed work without written approval.

Unstable Site

A developer commenced an action against an architect when it was found, after review by the city’s planning committee that two planned duplex units could not be built without major strengthening of the foundation. This process resulted in high cost due to the unstable nature of the site. The developer claimed for loss of land value, loss of profit and interest, delays in obtaining city approval and non-completion of the project.

Under-design of Bridge

An engineer approved design changes based on abutment foundation materials used in the building of a small bridge, which resulted in partial destruction of one abutment foundation after a heavy rainfall. The engineer was sued for the under-design of the bridge.

Insufficient Field Review

Changes to a civil engineer’s recommended excavation method for a damaged municipal drain resulted in drain collapse when inappropriate backfill processes were used. The engineer was sued by the municipality for insufficient field review where the backfill process could have been corrected in time to avoid damage.

Property Water Damage

The scope of a mechanical engineer’s field review responsibility was called into question when deficient piping was used in the development of a new residential building resulting in water damage to the property.

Design Errors

An engineer was held liable for design errors in the air-handling system for a new municipal library. The municipality sued for costs related to the repair of the mechanical system.