부실 시공, 시공 하자? 부실 설계, 설계 하자! .. 더 큰 문제

When we say building design, the first things that come to mind are aesthetics and functionality. We don’t associate it with safety. But the truth is, a poorly designed building can cause severe injuries.

There is a consensus among various legal systems that professional service providers have to perform their duties with reasonable skill and care. However, it has been doubted whether their services must be compatible with the intended purpose of their clients. In the construction industry, the work of building contractors ought to fit the intended purpose of owners, and three theories have been proposed regarding the extension of this obligation to architects. Some believe that architects only bear the ‘obligation of means’, which only requires efforts to provide a suitable design without guaranteeing a specific result. A few others, however, believe that architects’ duty is an ‘obligation of result’, which imposes strict liability on architects to provide a design compatible with the intention of their clients. A third theory has also been developed which differentiates between architects’ obligations based on the type of structure. This article looks into these theories and the reasons behind them.

Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of jurisdictions following the United States Supreme Court’s decision in U.S. v. Spearin, which holds that contractors who are “bound to build according to plans and specifications prepared by the owner . . . will not be responsible for the consequences of defects in the plans and specifications.”  248 U.S. 132, 136 (1918).  This is a reversal from the minority position followed in Texas since before World War I under the Lonergan doctrine, which allows parties to place the risk of loss for defective construction plans or specifications on contractors unless contractual language clearly and explicitly indicates otherwise.  While the new statute includes several exceptions and a reporting requirement for contractors, it reflects a clear limitation of liability for contractors relative to unknown construction design defects.  The statute went into effect on September 1, 2021 and, with exceptions, applies to construction contracts entered into on or after September 1, 2021 for repairs and improvements to real property.  See Tex. Bus. & Com. Code Ann. § 59.002(a). Limitations on Liability Chapter 59 of the Texas Business & Commerce Code shields contractors from liability for defects arising from construction plans, specifications, or design documents given to the contractor by third-parties with no contractual or agency-type relationship to the contractor.  Id. § 59.051(a).  Unless a contractor (or someone acting

If you are experiencing construction defects in your single family home, contact a Colorado residential construction lawyer today to discuss your legal recourse.

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Defective Design of a Custom Home - Know what to look for and what your rights and remedies are. Speak with our specialized team today.

Architectural forensics is the process of built environment investigations to determine the cause and origin of particular events, failures and damages

The role of the architect sits at the heart of the building industry. In many projects, the architect is responsible not only for the design of a building, but also for the coordination and management of that design and the team of consultants engaged by the client.

건축가와 함께하는 비온후풍경의 하우징 솔루션은 집 짓기는 다양성과 보편적 가치의 균형을 제공하고 있습니다.