471. Liability of architect or engineer to the contractor.

As there is no contractual relationship between the architect or engineer and the contractor the only liability that can be incurred towards the contractor is in tort. In situations recognised by law a liability might arise in negligence1, negligent misstatement2, negligent misrepresentation3 and other torts4. It appears, however, that an architect or engineer will not generally be liable to the contractor for economic loss caused by the performance of the certifying function5. When the architect or engineer is acting as agent for the employer he can incur no personal liability provided that he acts honestly and within the scope

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