School Board of Broward County v. Pierce Goodwin Alexander & Linville, 2014 WL 1031461

(4D11-4808, March 19, 2014). After construction was completed, the School Board sued its architect for numerous change orders required because the plans did not meet the building code requirements.  The primary issue on appeal was how to define the architect’s duty to the owner.  The architect contended that the standard of care was whether it performed its duties with ordinary and reasonable skill (a negligence standard), and that so long as the final plans used for construction are code compliant it met its duty.  The owner argued that the standard of care was whether the initial plans are code compliant (a breach of contract standard).  The trial court instructed the jury on the negligence standard and the jury found for the architect.  On appeal, the court applied the contract standard and cited three contract provisions that required the architect to comply with all applicable “codes,” and rejected the architect’s argument that the indemnity clause, which uses tort duty language, applied to first party liability or otherwise altered the contractual duty.  The opinion also provides a brief review of the law of “first cost.” 

From The Florida Bar, Construction Regulation Subcommittee Monthly Report

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