Tort Liability Expands for Project Architects in California

For decades the architecture and engineering community has enjoyed and relied upon certain legal protections afforded them when confronted with third-party lawsuits. Courts around the country today are almost equally divided on whether the protections from the economic loss rule should extend to design professionals. This month architecture and engineering community consider a noteworthy decision by the California Supreme Court that expands the potential liability of project architects beyond those directly involved in the construction project (such as contractors). The court found that architects owe a duty of care to the ultimate purchasers of buildings and therefore can be liable for economic losses to those parties even if there is no contractual privity with those parties.