Some clients, we know, often expect perfection as to projects coming in on time, within budget, and code-compliant. Many believe the design firm's plans and specifications should be perfect, with no errors, omissions, or deviation from code. That’s what the client is paying for, is it not? Of course, the goal of all designers is to meet these expectations. And most of the time, designers are quite successful in doing so. Those firms that do not meet such expectations disappear over time. Success is a wonderful thing. But we know what happens when it is when the project doesn’t come in on time, comes in over budget, or it is discovered the plans are allegedly not in strict compliance with code. Owners become unhappy and look to the design firm to ‘make it right’.
We look at code compliance issues with a broad stroke since so many variables are involved. Without a contractual promise to provide plans in strict compliance with code, courts will usually determine responsibility based on the standard of care. In preparing its drawings, did the design firm act within the applicable standard of care? There are important legal distinctions between a claim of negligence (breach of the standard of care) and a breach of contract claim. It is often much easier for a client to prove negligence than a breach of contract. Remember, most breach of contract claims are simply not insurable under any firm’s professional liability policy. Such policies are designed to cover negligence claims and usually exclude coverage for breach of contract claims. So,,,, this is an important issue for design firms.
