FLORIDA EXPANDS THE ROLE OF THE ARCHITECT

FLORIDA EXPANDS THE ROLE OF THE ARCHITECT

Construction litigation often centers around the fundamental determination about whether the damage was a result of a design defect or poor construction. While the general contractor has ultimate responsibility for construction defects, responsibility for design defects is usually assigned to the individual design professional responsible for the defect. However, Florida now has taken the position that the architect has liability for all aspects of design, including engineering issues.

Saltz Michelson Architects, Inc. (“SMA”) entered into a consultant agreement with L.A. Fitness to provide architectural services for construction of a fitness center on property owned by Trikon Sunrise Associates, LLC. Hurricane Wilma struck Florida before construction of was complete. The building walls had been temporarily braced, but collapsed nonetheless.

Trikon filed suit against SMA, the structural engineer and the general contractor asserting a breach of the standard of care for failing ensure the temporary bracing would withstand hurricane force winds. Trikon Sunrise Assoc., LLC v. Brice Building Co., Inc., 2010 Fla. App. LEXIS 10342 (July 14, 2010). SMA filed a Motion for Summary Judgment, arguing the adequacy of the temporary bracing was solely an engineering responsibility (not an architectural responsibility).

The Court disagreed. The Court held the duties of architects and engineers are defined in Florida Statutes and were also defined within the contract. FLA. STAT. §§ 481.203(6), 471.005(7) (2010). The Court found the statutes suggest the duties and responsibilities of an engineer and architect are clearly distinct; however, FLA. STAT. § 471.003(3) acknowledges there are times on a project where an architect may perform engineering services purely incidental to his or her architectural practice, and times when an engineer may perform architectural services purely incidental to his or her engineering practice. The Court held a jury may find SMA assumed it performed engineering duties incidental to its architectural responsibilities.

Florida statutes attempt to define the duties incumbent on architects and engineers, but Florida recognizes overlapping duties may exist. In this case, part of the problem was a reference to incidental structural engineering services in the architect’s contract. Architects should ensure their duties are clearly defined by contract, including a clear exclusion for engineering services to avoid liability for defective services normally outside the architect’s primary or traditional responsibilities. Architects should also insist on an indemnity provision in all contracts with engineers, whereby the engineer agrees to defend and hold harmless the architect for engineering design claims.