Tyler Galbraith1
Generally speaking, architects and engineers are retained as the
agents of the owner of a project to design, supervise and
administer the construction of a project. In the course of
performing their obligations, architects and engineers may be
required to adjudicate disputes between the owner and its
contractor based on the terms of the construction contract.
The courts have held that an architect or engineer employed by
an owner is required to act judicially (i.e. fairly and reasonably)
when adjudicating disputes or making decisions under a construction
contract. All decisions must be dictated by the architect's or
engineer's own best judgment of the most efficient and
effective way to carry out the contract. Further, the architect or
engineer must not be influenced by extraneous considerations and,
particularly, his or her judgment must not be affected by the fact
that he or she is retained and paid by the owner.
