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Generally speaking, all damages which naturally flow from the malpractice of an A/E are recoverable, subject to any contractual limitations. There are also distinctions between the amount of damages that can be recovered as a result of an error or omission. (Credit: Mongkolchon Akesin/Adobe Stock) Generally speaking, all damages which naturally flow from the malpractice of an A/E are recoverable, subject to any contractual limitations. There are also distinctions between the amount of damages that can be recovered as a result of an error or omission. (Credit: Mongkolchon Akesin/Adobe Stock)

One of the unfortunate realities of the construction process is the prevalence of claims and disputes among owners, design professionals, contractors and subcontractors.

A typical claim of an owner against an architect and engineer (A/E) involves an error or omission in the design of an element of the project. In the case of an architect, the error may involve the faulty design of the roof or façade of the building. In the case of a mechanical engineer, the error may involve the defective design of the building’s HVAC system.

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