Architectural Malpractice

Large Pharmaceutical

Situation

A large pharmaceutical firm engaged an architect to design a multimillion-dollar renovation of their manufacturing facility. When this architect completed construction documents, the pharmaceutical firm engaged a construction management firm, headed by another architect, to oversee completion of construction.

The completed renovation deviated significantly from the construction documents. The client was unable to determine whether the original architect or the construction management firm managed by the second architect was responsible for the deviation. An incomplete set of construction documents was identified as the alleged cause for the discrepancy.

Investigation

The firm hired DiGeronimo PC to investigate whether the original construction documents were incomplete or the construction management firm was negligent. Investigation determined that the original architect's drawings were deficient and required significant clarification. However, the construction management firm intimidated and overpowered the original architect, who was the architect of record, so that corrective measures were difficult to achieve.

The absence of the original architect from the construction phase caused the architect who headed the construction management firm to act in the capacity of an architect of record during construction, complicating the investigative analysis to determine the roles and responsibilities of each design professional.

DiGeronimo PC determined that the original architect failed to perform his duties as an architect of record. By accepting the role of architect of record during construction, the second architect failed in his performance as well.

Result

A second party contractor eventually completed the project. The large pharmaceutical firm received settlements from both the original architect, as architect of record and from the second architect, who acted as the construction manager.