The architect may be liable in the performance of his duties:
- contractual in the event of failure to perform or improper performance of his obligations under the contract entered into with the client or in the event of subcontracting ;
- in tort, in the event of personal injury or damage caused to third parties.
The nature and scope of the contractor’s duties are generally defined in a contract, and the contractor’s obligations end when the work has been accepted and any reservations about the work and materials have been removed.
He is only liable for faults for which he is personally responsible (excluding those committed by the contractor, for example).
Architects are subject to ethical obligations, as well as compliance with the “rules of the trade “, i.e. the practices specific to the profession, such as ensuring that the work specified in the plans is carried out correctly.
In addition, they are bound by an extensive duty to provide information, assistance, prudence and advice, in line with their remit, which begins at the design stage of the project and may continue throughout the construction period, right through to handover (planning permission, construction-related risks, design, cost of works, defects in conformity, etc.). As such, it has a duty to supervise and monitor the work.
If any of these duties are not complied with, he will be held liable in contractual terms, within the limits of his competence and knowledge. It will be up to the claimant to prove the architect’s fault.
It is compulsory for architects to take out insurance to cover their professional liability and that of their employees. Each contract between the architect and the client includes an insurance certificate.
It should be noted that under the terms of the ten-year liability provided for in articles 1792 et seq. of the French Civil Code, the architect’s liability and guarantee may be sought from the date of acceptance of the works. Once this period has elapsed, it will no longer be possible to seek the architect’s liability on contractual grounds, but only on extra-contractual grounds or for fraudulent conduct.
