Architect responsibility

[coffeebean]

I am in California and I am hiring an architect do some work at my house. We will update the bathroom and kitchen and put a master suite in the garage. I really liked one of the architects but I am concerned about the following clause in this contract. It limits his responsabiity

9. Limits of Liability
9.1. The Owner agrees to limit the Architect's liability with regard to the Project to the total fee paid to the Architect for the Project. Limitations on liability provided in the Agreement are business understandings between the parties and shall apply to all theories of liability, including breach of contract, fiduciary duty, negligence, strict or statutory liability, or any other cause of action.
9.2 Consequential Damages
The Architect and the Owner waive consequential damages against the other for any claims, disputes or other matters arising out of, or connected to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings and/or diminution of property value, based on any legal theory or cause of action, and shall apply to damages resulting from either party’s termination of the Agreement.

What happens if some of the plans are bad and cause damages? What happens if he gets hurt while in the house?

He said he has the following coverage.:

General Liability:
$1,000,000 each occurrence
$2,000,000 general aggregate

Professional Liability:
$250,000 per claim
$500,000 aggregate

But I am concerned that clause 9 will restrict his responsibility and the insurance company might not want to pay for damages.

It would be great to get some feedback about this.

Thanks so much

 

[coffeebean]

Would be great to get some feedback. Thanks.

 

[Mass_Shyster]

I wouldn't hire an architect who won't stand behind his/her work.

 

[coffeebean]

Steven thanks for the feedback. Are you a lawyer?

I think that every architect has some clauses to limit their responsibility. Wouldn't you?

What I am trying to gauge is if this clause will prevent from going into his insurance if needed, or if they are separate things?

Thanks

 

[Mass_Shyster]

Steven thanks for the feedback. Are you a lawyer?

Please see disclaimer at the bottom of this page. "The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues"

I think that every architect has some clauses to limit their responsibility. Wouldn't you?

Sure, but do you really want that liability limited to the amount you paid for his/her services. If s/he designs a structure for $10,000, and you spend $1,000,000 building it and it collapses due to a negligent design, would you be happy with a $10,000 refund. In essence, that is what you are agreeing to.

What I am trying to gauge is if this clause will prevent from going into his insurance if needed, or if they are separate things?

They are not separate things. The insurance company will pay for whatever the architect would be liable for had s/he not had insurance.

 

[You Are Guilty]

I don't have a copy in front of me at the moment, but that language sounds suspiciously like the B101 form from AIA. If so, you can probably find the commentary to that section with a little google-fu.

With that in mind, every contract, and every clause, is negotiable. If you have a particular issue with that section, then why not raise it with your architect and see what (s)he says? Mountain, molehill, etc.

 

[HomeGuru]

**A: Google Fu is interesting.