What Is the Extent of the Liability of an Architect or Engineer in Missouri for Construction Losses

Typically, in a commercial construction project, the architect or engineer (hereafter architect) contracts with the owner for the services to be provided. When things go wrong what liability does the architect have to the owner and to others onsite at the time of the contract or later?

There may be contractual liability of the architect to the owner. The written contract between the owner and the architect defines the duties each owes to the other. Assume during construction the bank takes over the project. Does the architect owe duties to the bank? Generally, no. See Captiva Lake Investments LLC v. Ameristructure, Inc., 436 S.W.3d 619 (Mo. App. 2014). Since architectural services are considered to be personal services, duties may be assigned only with the consent of the architect.

While an express condition in the contract with the owner may create liability for the architect, even in the absence of an express provision the architect, an architect owes a client a duty of care commensurate with “the degree of care, skill and proficiency commonly exercised by ordinarily skillful, careful and prudent professionals.” Murphy v. A.A. Mathews, 841 S.W.2d 671, 674 (Mo. banc 1992). An architect, as a member of a learned and skilled profession, has a duty to exercise the ordinary and reasonable technical skill that is usually exercised by one in that profession. Chubb Group of Ins. v. C.F. Murphy & Assoc., 656 S.W.2d 766, 774 (Mo.App.1983); Rowe v. Moss, 656 S.W.2d 318, 321 (Mo.App.1983). So, the architect may have professional liability.

Does the architect owe any duties to the other contractors onsite?  Generally not, since the other contractors are not in privity with the architect and the loss suffered by the other contractors is undoubtedly barred by the economic loss doctrine.

Finally, there is an exception to the general no liability to third parties protection for architects. When it is foreseeable that parties may suffer personal and property damage from negligent performance of their duty to design a safe facility.  See, e.g.,   
Chubb Group of Ins. Companies v. C.F. Murphy & Associates, Inc., 656 S.W.2d 766 (Mo. App. 1983)

(Note: Links may require login)