Architectural Malpractice

Multiphase Residencial Project

Situation

An owner-developer engaged an architect to design a multi-phase residential complex. The architect provided both architectural and planning services to assist the owner-developer throughout the process.

Part of the architect's responsibilities was to administer construction and to monitor the project's progress in three phases.

When the project proceeded in to Phase Two it was stopped by the municipality, causing significant hardship to the owner-developer and to the contractor.

Investigation

DiGeronimo PC's investigation determined that the municipality, through its Planning Board approval, placed a contingency on the development by stipulating that Phase Two of the project could not start until Phase One received a Temporary Certificate of Occupancy.

The fact that the architect knew of this contingency and was in fact personally involved as planner in the municipal Planning Board approval process, revealed that the architect should have advised the owner-developer and the contractor BEFORE approving Phase Two for construction.

Because the architect knew of this contingency and was personally involved as planner on the municipal Planning Board during the approval process, DiGeronimo PC found that the architect should have advised the owner-developer and the contractor BEFORE approving Phase Two for construction.

Results

DiGeronimo PC presented the facts as part of litigation testimony to court. The court awarded the claim for damages and delays in favor of the owner-developer.