Design Defects And Personal Liability: How Can Architects And Engineers Reduce Exposure To Personal Liability?

In our previous article, we discussed the general principles involved in determining when architects and engineers can be held personally liable for mistakes in design. This article will expand on the theme of personal liability in design by focusing on specific strategies which can reduce exposure to personal liability.

The most common cause of action which retains a realistic likelihood of success in a claim against individual design professionals is the tort of negligent misrepresentation. This article will focus on reducing exposure to this particular cause of action.

Strategies to Reduce Exposure to Personal Liability

There are several strategies that architects and engineers can implement to reduce personal exposure to liability for negligent misrepresentation, including the use of reliance disclaimers, qualifying designs, contractual provisions limiting employee liability, defining the standard of care, and liability insurance. These strategies are not