Who is responsible for the professional execution?
Who is responsible for the professional execution?
As architects, we are responsible to our clients for professional planning in the field of architecture. As general planners, we are also liable to the client for the correctness of the planning services provided by the subcontractors we commission, usually consultants such as structural engineers, building services planners and building physicists.
A building is created by a team of planners and contractors working together. The larger the project, the more extensive the planning and execution team usually is. Mutual monitoring, from the dual control principle for small projects to precisely defined inspection and approval processes for large construction projects, ultimately serves to maximise safety and avoid planning and execution errors.
There can be two reasons for improper execution:
Inadequate planning and/or inadequate execution.
In the event of faulty planning, the planner is primarily liable for his planning error.
However, the executing party is partially liable because, as a specialist, he should have recognised the planning error and should not have implemented the defective planning. If the planning was also checked by other consultants, they are also partially liable, as their check owed to the client was carried out inadequately.
Nobody is perfect and every project is a prototype. And so, despite all our efforts to optimise quality assurance, we sometimes have to face up to a planning error. In such a case, it is our clear endeavour to rectify the error as quickly as possible in agreement with the client and the contractor.
In the event of faulty execution, the fault lies primarily with the contractor.
If the architect is commissioned with the service phase of local construction supervision (ÖBA), he is also responsible for the professional execution. However, the supervisory activity and consequently the liability of the local building inspector is limited to a reasonable extent and includes responsibility for obvious defects. The ÖBA is also not obliged to be permanently present on the construction site. Hidden defects cannot be attributed to the ÖBA.
If the work planning of the contractor was approved by the architect, the planner is jointly liable for incorrect execution. As an expert, the inspector should have recognised an error here.
The conclusion of liability insurance by the planners reliably protects the client against financial losses. However, if the client fails to commission an inspection function appropriate to the construction project, such as a local building inspector or a specialist building inspector, the insurance company may not compensate for the portion of the damage for which this "saved" expert would have been responsible. In this case, the injured party has failed to fulfil its duty to mitigate damages.
Our recommendation: Trust is good, inspection by experts is better! This is because monitoring minimises risks and ultimately spreads the liability risk.
