Architects are required to discharge their obligations and commitments diligently. They also have to provide quality service and standards expected of them. The various laws require them to provide services to the consumers in a such a manner that they exercise the required duty of care. While doing this they cannot commit any negligent act. Deficient services have been defined by the statute and legal action can be taken against erring Architects.
It has been observed that in case of building collapses, legal action is taken against architects without inquiry into the circumstances which have resulted in the collapse. Such suo moto action against architects has brought disrepute, embarrassment and mental agony to them, even when they are unconnected with reasons responsible for the collapse of the building.
It is important to understand what is the professional liability of architects for the buildings which have been designed by them, or/and its construction and completion is supervised by them. Most buildings are under the control and management of owners/ occupants, and not under the superintendence of an architect who was originally engaged for the design and supervision of construction. The longevity and stability of the building are dependent on whether proper safety standards and maintenance norms are observed by the occupiers and the owners of the building.
Although Council of Architecture has prescribed the Conditions of Engagement and Scale of Charges, the professional liability of architects after the completion period of the project is still a grey area.
Keeping this in view, the Council has prescribed guidelines on “Architect’s Professional Liability” to make aware of the architects and the owners and occupiers of the buildings in what manner and under which circumstances an architect should be held responsible for the negligent act/ deficient services. It also highlights the clients/ occupiers’ duties and responsibilities to be undertaken by them to preserve the longevity of the building.