Design Defects And Personal Liability: When Can Architects And Engineers Be Held Personally Liable?

When substantial defects in project design result in delay, injury, or other damage, the project architects and engineers are typically held responsible. This often comes in the form of a claim being advanced by the project owner or general contractor against the architecture and engineering firms responsible for designing or approving the design plans. These claims typically flow through the design contract or the tort of negligent misrepresentation.

Breach of Contract

When claims flow through the contract between the design firm and the party seeking compensation for the design flaws, the design firm will be held accountable, and the individual employees responsible for the design defects are frequently shielded from the breach of contract claims. If a claim for breach of contract is made against an individual responsible for the design errors, the individual can often point to the contract to show that the agreement was entered into by the company, not