Construction Project Negligent Claims: Three Guiding Principles for Forming an Expert’s Opinion
According to contemporary thinking, Imhotep was the first architect to be known by name in recorded history. He was the designer of the monumental step-pyramid for the Egyptian pharaoh Djoser, one of the earliest known uses of stone columns to support a building structure. Fast forward approximately 4,680 years, and architecture has become so much more than a single building.
Present-day architecture is the art, science, and entrepreneurial business of designing and constructing individual spaces, such as buildings, neighborhoods, communities, and municipalities, to add greater value to society’s future growth, welfare, and viability. Today, all parties, not just the architect but also the owner and the constructor, initiate a project together.
The expectation is that the architect’s instruments of service will be of a sufficiently high standard to clearly and accurately illustrate all essential building components and systems, enabling the constructor to complete the work satisfactorily. The contract outlines the design intent, construction quality, industry standards, applicable state statutes, and the agency of jurisdiction's minimum building code requirements.
Negligence Failure
WHAT IS THE LINK BETWEEN CONSTRUCTION DEFECTS and
an ARCHITECT's STANDARD OF CARE?
At any stage of a project's design and construction, negligence can threaten the original design intent, the integrity of the work, and the safety and welfare of its users and the public. Based on his experience of providing insight into over 130 construction dispute matters as an architect expert witness, arbitrator, and mediator, FORENSIC ARCHITECT - David Erik Chase, AIA, has developed a deep understanding of negligence.
Negligence is a failure of conduct by a responsible party. Specifically, it means that the party failed to exercise the duty of care expected of a professional architect or constructor in similar circumstances. Therefore, the three guiding principles David Eric Chase, AIA, uses to achieve a fair, reliable, and deliberative approach to any complaint of negligence failure are the contracts rule, causation context, and quality test of the design intent.
Principle 1: Contracts Rule
Whether written or verbal, a contract documents the promises that create a duty of care between all parties. The performance of each party is measured against this duty. While there are often supplementary documents—such as copyright stipulations, multiple project use agreements, and general conditions—the primary contracts between the owner, architect, and constructor serve as the foundational evidence.
These agreements outline the performance obligations, design intent, scope and quality of the work, financial considerations, and schedule. They are the starting point from which David Erik Chase, AIA, forms his opinions to determine the cause of the negligent acts.
Principle 2: Causation Context
When disputes arise over alleged design errors, construction mistakes, omissions, or defects, the situation is almost always complicated. Typically, in these cases, one party claims the other is at fault. Mr. Chase's methodology for untangling these issues and determining causation and responsibility involves a three-step process:
(i) First, he conducts a thorough review of all available documentation. From this, he develops a chronological matrix detailing the sequence of material events related to each issue. This "story" of the project helps create an understanding of its evolution from design through to the Certificate of Occupancy and helps to identify relevant tags regarding specific issues and events.
(ii) Next, he analyzes the permitted contract documents, including any addenda, change orders, deltas, shop drawings, product submittals, building codes, and applicable industry standards. This analysis is performed within the context of the circumstances identified in the initial complaint and any subsequent claims.
(iii) Finally, based on this comprehensive analysis, he develops and articulates his professional opinions, which he is prepared to defend in depositions and, if necessary, at trial. Throughout this process, he continually assesses the probability of whether either the architect or the constructor breached their duty of care.
Principle 3: Quality Test of Design Intent
Upon the issuance of the Certificate of Occupancy, and within the first year of the owner's use, it is common for questions to arise regarding the finished construction quality or system performance relative to the design intent and construction documents. The existing relationships among the owner, architect, and constructor will often determine whether these issues can be resolved collaboratively or escalate into formal disputes.
Any issues concerning defective or deficient quality that render a component unfit for its intended purpose, as defined by the contract documents, will almost certainly lead to legal complaints. Throughout the discovery process, David Erik Chase bases his opinions on a single foundational factor: the contractual promises made by each party. This allows for a thorough evaluation of the standards of care, duty, and causation for all quality-related issues.
Moving Forward with Clear Commitments to Quality
A fair and reliable deliberative approach to any complaint of negligence or failure should be guided by three essential principles: adherence to contractual obligations, understanding causation in context, and a quality assessment of the design's intent. By relying on these foundational principles, a comprehensive and objective professional analysis can be achieved, ensuring accountability and clarity in addressing such complaints. Contact FORENSIC ARCHITECT - David Erik Chase, AIA for an expert opinion.
Disclaimer: David Erik Chase, AIA is a registered architect in 22 states and not an attorney. The content of this article is intended only as a general overview of the process and not a representation for guidance or any legal professional opinions, or as advice. (Nb. Legal consultation is always advisable throughout this entire process.)
