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When Negotiating an Architectural Services Contract, Be Sure to Check the Standard of Care Covered by the Professional Liability Policy

By Vincent J. Mangini

In preparing or reviewing an architectural services agreement on behalf of an owner for the design of a high performance building, it is important to negotiate and settle on a standard of care to which the architect will be subject and then make sure that the architect's professional liability insurance covers any breach of that standard.  Indeed, in designing sustainable structures an architect may be expected to improve health and energy efficiency through architecture and materials selection and to achieve certification under a particular green building protocol, such as the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System.  However, the architect's professional liability insurance policy may not cover the architect's breach of an elevated or heightened standard of care or a guarantee or warranty related to certification.

Full post as published by New Jersey Law Blog on August 31, 2010 (boomark / email).