Design Contracts Imposing Duties Beyond Ordinary Care Create Extraordinary Risk
Design professionals are under assault by those in the construction industry determined to contractually alter the standard of care that applies to these design professionals’ work.
Every design professional and construction contracts comes with its own set of risks. But design professionals that agree to heighten the standard of care that applies to their work not only subject themselves to extraordinary risks, but also jeopardize their available insurance coverage when mistakes are made.
In ancient times, the standard of care for builders was to do exactly what the king, pharaoh, or ruler ordered them to do. If they failed to adhere to those exacting standards, severe consequences, including execution, could follow. Fortunately, the legal standard of care today is not quite that strict.
Today, most states define the standard of care for design professionals as a duty to use ordinary care.