Architect liability

The principal places the architect (planner) under a variety of demands:

  • Requested construction (requirements)
  • Construction free of defects (quality)
  • Cost security (price, i.e. cost information and no cost overruns)
  • On-time delivery of the construction (deadline)

If the architect (planner) was not able to fulfil or comply with the demands, this raises the question of whether, how and to what extent he has to compensate for the principal’s disadvantages by himself or together with other construction participants.

Architect (planner) liability only takes effect when the architect (planner) wilfully, negligently or carelessly violated his obligations (responsibility) and the further conditions (contract violation, damages and adequate clausal relationship between the contract violation and damages) are present.

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