Jeffrey R. Cruz


contract, architecture, malpractice, tort


In the past thirty years, the architectural profession has been characterized by dramatic changes in both its legal liabilities and in its relationship with other members of the construction industry. With the recent abrogation of the privity doctrine, strangers to architectural contracts may now sue in tort and architects inevitably find themselves in a multitude of lawsuits. This Note discusses the contractual nature of the owner/architect relationship and the judicial attempts to analogize to relationships in other professions, and then considers the prevailing judicial theories as to when a cause of action accrues against architects and against professionals in general. This Note asserts that the contractual relationship between architect and owner distinguishes architectural malpractice from other types of professional malpractice, and that this relationship should be a substantial factor in determining the date of accrual.



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