COA | ARCHITECT’S PROFESSIONAL LIABILITY

The question of “Professional Liability of Architects during the post completion period of a project” has vexed the Council for many years. Because, in many cases, legal action has been taken against Architects (whenever a building or any other built-form of which they are the Architect collapses), before even an enquiry is made into the circumstances leading to the collapse. And most times, the accused Architects were unconnected with the reason behind the collapse of the building, because in reality, the longevity and stability of the building are dependant on the observance of safety and maintenance norms especially after the completion of the building.

WHAT ARE THE OWNER’S / OCCUPANT’S DUTIES AND RESPONSIBILITIES WITH REGARD TO THEIR BUILDING?

The Owner/Occupant, upon the completion of the building shall maintain it properly to safeguard and preserve the longevity of the building.

FOR HOW LONG IS AN ARCHITECT LIABLE WITH REGARD TO A BUILDING?

The Architect is not liable for any liability, in case of a building damage or collapse, if the damage has been caused in the following circumstances:

1. The building is used for purposes other than for which it has been designed.
2. Illegal or unauthorized changes / alterations / renovations / modifications have been carried out by the Owners/Occupants without the consent or approval of the Architect.
3. Changes/alterations/renovations/modifications to the building have been carried out by consulting another Architect without the knowledge and consent of the erstwhile Architect, or without obtaining No Objection Certificate from him.
4. The safety norms have been compromised by the Owner/Occcupant.
5. There is distress due to leaking from the terrace, toilets, and water logging within the vicinity of the building which can affect the strength and stability of the building.
6. There is a lack of periodical or inadequate maintenance by the Owner/Occupant.
7. The damage is caused due to any reasons arising out of the deficient services rendered by the ‘Specialized Consultants’ with regard to the design and supervision of the work entrusted to them, who were appointed in consultation with the Client.
8. The damages caused to the building are for reasons beyond the control of the Architect.

WHAT DOES PROFESSIONAL NEGLIGENCE AND DEFICIENT SERVICE MEAN?
Negligence of an Architect means the failure to take reasonable degree of care while rendering services. An Architect is required to observe and uphold the Council’s Conditions of Engagement and Scale of Charges while rendering architectural services . The failure to provide any service that is necessary for the discharge of his duties and functions for the project for which he has been engaged, amounts to deficient service.

WHAT IS PROFESSIONAL MISCONDUCT OF AN ARCHITECT?
Any matter regarding Professional Negligence and/or Deficient Service provided by the Architect, shall be referred to the Council of Architecture, to adjudicate whether the Architect is guilty of Professional Misconduct.

WHAT DISCIPLINARY ACTION- CIVIL/CRIMINAL- IS TAKEN AGAINST AN ARCHITECT GUILTY OF PROFESSIONAL MISCONDUCT?

If the Architect is found guilty of Professional Misconduct, he is liable for disciplinary action by the Council of Architecture under section 30 of the Architects Act,1972.
The disciplinary action taken by the Council of Architecture against the Architect who has been found guilty of Professional Misconduct, does not absolve him of his liabilities under the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973, if any.