It is common that a contract with an architect to provide services in connection with a building project says the architect must perform its services with “professional care.” But the question then arises: What is “professional care?”
The simple answer is that the contract should define what constitutes professional care. Adrian Smith + Gordon Gill Architecture, LLP, 263 N.E.3d 637,642 (5th Dis. 2024). On the other hand, the duty of professional care is equivalent to the common law professional standard of care, which requires “the use of the same degree of knowledge, skill and ability as an ordinarily careful professional would exercise under similar circumstances.”
Generally, an expert is required to establish by testimony the applicable standard of professional care and the architect’s breach of that standard. So, for example, an expert would be required to establish that the architect was required by the common law standard of professional care as to what type of elevator should have been specified and used in the building. See Id.
In conclusion, architects (and their lawyers) should be acutely aware of what the contract provides as to their duties and clarify any language that is unclear.
