The following Construction guidance note provides comprehensive and up to date legal information covering:
This article appears as originally published in Construction Law on 1 November 2014 and is not maintained.
The architect’s role involves more than just design of the works, as Sean Whitham of Herbert Smith Freehills explains. The architect’s role is also becoming more complex as the complexity of contractual relationships grows.
The role of an architect involves more than just the design of the works
The level of care and skill to be exercised must be in conformity with the normal standards of the architect’s profession
An architect owes a duty to his employer, but not to a third party
An architect is entitled and required to exercise his professional judgment in providing his services
Ultimately, the architect is responsible for ensuring that his design is brought to fruition
The recent case of Kellie v Whatley & Llyod Architects Ltd  EWHC 2212 (TCC) considered whether an architect was negligent in relation to advice given about potential designs and his supervision of the works. It highlights that the role of an architect involves more than just the design of the works. Indeed, it encompasses the provision of many different services throughout the duration of a construction project. However, while an architect has to exercise a reasonable level of care and skill in carrying out these services, it can sometimes be unclear what is actually required from the architect.
Whilst this article is not intended to be a definitive guide to architects’ services and duties, especially since architects can be appointed on a variety of different terms, it highlights important issues that may arise, and to which the parties to a
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