LEGAL LIABILITY OF ARCHITECT

Authors

TARTEEL DARWISH Associate Professor, Faculty of Law & Political Science,, Beirut Arab University, LebanonFollow
SARAH ZEIN Assistant Professor, Faculty of Law & Political Science, Beirut Arab University, LebanonFollow

Keywords

Civil and Criminal liability, Tort law, Contract law, Intentional Homicide andinjury, Unintentional Homicide and injury, Building contraventions

Disciplines

Architecture | Business | Life Sciences | Medicine and Health Sciences

Abstract

To conduct a comprehensive analysis of architect's Professional liability, a range of legal areas must be considered so that to identify the possible sources that can give rise to such liability. A general understanding of contract law, tort law and criminal law proves to shed ample light onto these possible sources. Apropos contract law, a basic issue must be recognized and dealt with; i.e. the valid existence of a contractual relationship. Further issues involve; the type of contract adopted the main obligations the architect assumes in terms of contract and the remedies available to the client in case the architect is in breach of his contractual obligations. The role of the architect as fiduciary should also be considered as a possible basis for further obligations towards client. Failure on behalf of the architect to fulfill any such legal duties results into tortuous responsibility. Deliberations on principles of tort law and an in depth explanation of care of professionals should be discussed. Finally, it is pertinent to explore the possibilities for criminal liability. The basic principles of criminal law and the ensuing liability are needed to be analyzed before entering into an examination of the type of conduct that is sanctioned by criminal law. There are several possible realms giving rise to criminal liability; such as willful, reckless or negligent conduct resulting in convictions of voluntary or involuntary manslaughter and abuse, practicing the profession without the relevant syndicate's approval or even violating the construction laws.

Recommended Citation

DARWISH, TARTEEL Associate Professor, Faculty of Law & Political Science, and ZEIN, SARAH Assistant Professor, Faculty of Law & Political Science (2018) "LEGAL LIABILITY OF ARCHITECT," BAU Journal - Health and Wellbeing: Vol. 1: Iss. 3, Article 61.
DOI: https://doi.org/10.54729/2789-8288.1113