Architect’s Liability Clause Samples
The Architect’s Liability clause defines the extent to which the architect is legally responsible for their professional actions and any resulting damages or defects in the project. Typically, this clause outlines the standards of care the architect must meet, the duration of their liability, and any limitations or exclusions, such as caps on damages or exceptions for third-party errors. Its core function is to allocate risk between the architect and the client, ensuring that the architect is accountable for their work while also providing clear boundaries to their responsibility.
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Architect’s Liability. A. Acceptance of the final plans, instruments of service, or other deliverable documents and products by Owner shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, associates, agents or consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by Owner for any defect in the designs, working drawings, specifications or other documents and work prepared by said Architect, its employees, associates, agents or subconsultants.
B. If at any time during the term of this Agreement, Architect shall fail to commence the Work in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number of quality or quality of personnel to complete the Work or fail to perform any of its obligations under this Agreement, then Owner shall have the right, if Architect shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by Owner shall not be deemed a waiver of any other right or remedy of Owner. If, after exercising any such remedy due to Architect’s non- performance under this Agreement, the cost to Owner to complete the Work to be performed under this Agreement is in excess of that part of the Agreement sum which has not theretofore been paid to Architect hereunder, Architect shall be liable for and shall reimburse Owner for such excess.
C. Owner may deduct from any amounts due or to become due to Architect any sum or sums owing by Architect to Owner. In the event of any breach by Architect of any provision of this Agreement or in the event of any claim against Owner arising out of Architect’s performance under this Agreement, Owner shall have the right to retain out of any payment due or to become due to Architect an amount determined by Owner to be sufficient to protect Owner from any and all loss, damage or expense therefrom, until the breach or claim has been satisfactorily remedied or adjusted by Architect.
Architect’s Liability. The architect’s liability shall extend: to a term of six years beginning on (a) the architect’s issue of the Certificate of Practical Completion under the building contract, (b) the conclusion of the service or (c) the termination of the commission as the circumstances dictate, and the architect’s liability shall terminate as soon as any of these terms has expired, and to the cost of making good any construction defects which are established as being caused by the architect’s negligence or breach of contract, but not to the cost of making good any loss consequential on such defects.