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Thelen Reid Brown Raysman & Steiner LLP
The
City of Plaquemine hired an architect to design the renovation
of a building for use as a police station. The construction
contract for the renovation was publicly bid and awarded
to a general contractor, which subcontracted out the painting.
During
the work, employees of the painting sub complained about
the possibility of lead in the paint they were scraping
off walls, doors and trim. The architect provided reassurances.
Later, the painters sued the architect, general contractor
and city, alleging that they had contracted lead poisoning
from the work. The claims against the general contractor
and the city were dismissed by the trial court and affirmed
on appeal. The trial court granted summary judgment for
the architect. But, the Louisiana Court of Appeal overruled
it. Thomas Wayne Young v. City of Plaquemine, 818
So. 2d 892 (La.App. 2002).
The
appeals court held that the plaintiffs had stated a claim
against the architect for negligence and for exemplary damages
for wanton and reckless disregard of public safety. While
there was no contract between the subcontractor and the
architect, the Court of Appeal held that a contractual relationship
was not necessary to hold the architect to a duty of professional
care and skill similar to that of other professionals, such
as lawyers and doctors. The standard of care is that customarily
employed by other architects in the same general area.
Evidence,
including an AIA contract, showed that the standard of care
applicable to architects involved a duty to request all
test reports concerning hazardous materials on projects
and, if no reports were available, to request that tests
be performed. Here, the architect here represented that
there were no risks to employees from hazardous materials
without investigating the issue and despite notice of potential
risks.
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For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-369-7229 or at pwberning@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2003 Thelen Reid Brown Raysman & Steiner LLP
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