Design Liability

Q: Where a Contractor / NSC's drawings are " APPROVED " , " CHECKED " , " INSPECTED " etc, by the Architect or Engineer and subsequently an error is discovered, who will bears the cost? Contractor, NSC , Architect/Engineer or Employer?

A: In a performance specification (items to be designed by contractor/manufacturer), the architect must be clear in what he is doing, which is checking compliance with the performance requirements, not to undertake design. This must be reflected in the wording of the 'approval' or the 'checking'.

Clause 1.2 of PAM06 expressly provides that in such case contractor is fully responsible for the design irrespective of approval by Architect

Without proper performance spec. or contract provision, an architect may not delegate design to contractor. In Moresk v Thomas (1966), the Architect was held liable

Q: In the case where the Employer bears the cost, can he recover the sum involved from the Architect or Engineer?

A: Employer may recover cost from Architect in the following conditions:

1. When damage was due to Architect's design error, not contractor's workmanship or non-compliance to spec.
2. Employer must prove damage i.e. rectification cost, not necessarily the entire 'additional cost'
3. If both Architect & Contractor are liable, Employer may recover cost from Architect if contractor become insolvent