When the Plans & the Code Don’t Mix, Can a Sub Sue a Design Professional for Negligence?

Great article by Matthew Brouchard, Esq. on the rights of a subcontractor to sue design professionals for inadequate plans

N.C. Construction Law, Policy & News

Talk about being stuck between a rock and a hard place.

You’re an electrical sub who notices during your performance that installing certain light fixtures per plans would run afoul of the manufacturer’s instructions and violate the building code.  You bring the issue to the attention of your general contractor, who submits an RFI.  The architect’s response directs you to proceed per plans.  The system later malfunctions, and you incur significant cost researching the problem, ultimately concluding that the installation method directed by the architect is the culprit.  The architect refuses to pay your costs for researching the issue.

Might you have a claim for negligence against the architect?

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