It’s time to respond to a complaint!! Facts and the deliberative process.

The industry understanding of an Architect’s Standard of Care relies upon the reasonable degree of care, skill, and diligence for design professionals and is usually couched in terms of “like architect,” “community,” and “circumstances.” However, to discover the facts in any case, a broader standard of reasonable care could be used to more appropriately consider an Architect’s actions. This would not only include the jurisdiction’s regulatory requirements like zoning, building codes, and contractual promises but also, the knowledge and experience of the uniqueness of the design undertaking by the Architect.

To eliminate as few surprises as possible and discover the essential issues, we start the review process with the contractual agreements among all parties. The Duty of Care performance analysis will rely on the usual benchmarks of the Scope of Work, General and Supplementary Conditions, fees and payment provisions. Unless settlement is reached, what should follow in the process will be a discovery period of enlightenment as exhibited by fact witnesses, expert reports and depositions, rebuttal reports and expanded testimony of experts. Finally, a trial by bench or jury. David’s professional expertise will assist you and your team in achieving complaint resolution by responding to your pleadings with fact-based research, experienced processes, and defensible opinions.