Architects’ role not just design (2014) 25 9 Cons.Law 17 [Archived]
Architects’ role not just design (2014) 25 9 Cons.Law 17 [Archived]

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Architects’ role not just design (2014) 25 9 Cons.Law 17 [Archived]
  • Key points
  • Care and skill
  • Design
  • Administer the building contract
  • Inspection
  • Requiring defects to be remedied

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.

Key points

  1. The role of an architect involves more than just the design of the works

  2. The level of care and skill to be exercised must be in conformity with the normal standards of the architect’s profession

  3. An architect owes a duty to his employer, but not to a third party

  4. An architect is entitled and required to exercise his professional judgment in providing his services

  5. Ultimately, the architect is responsible for ensuring that his design is brought to fruition

The recent case of Kellie v Whatley & Llyod Architects Ltd [2014] 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

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