What types of liabilities does a Landscape Architect have to consider?

The various liabilities that a Landscape Architect needs to be aware of, include liabilities:

  • under Tort (for any other civil wrong in the absence of a contract)
  • under Contract (for breaches of the agreement)
  • as a member of a practice
  • as an employer or employee
  • statutory liability
  • as an occupier
  • vicarious liability
  • liability as a professional.

You should always make sure that the contracts you’re entering to expressly –not implied- state that your liability for the design that you undertake is that of Reasonable Skill & Care (JCT) and not fit-for-purpose as this is very risky and usually not covered from your PII in most cases.

The above liabilities are summarised on the following table:

Landscape Architect’s Liabilities
Tort Contract Statute Law As a member of a practice As an officer of a LPA
  • Breach
  • Failure to perform agreed duties
  • Negligent legal advice
  • Negligent survey
  • Incompetent design
  • Non-certification of payment
  • Collateral warranties
  • Inadequate inspection
  • Negligent financial advice
  • Copyright
  • Data protection
  • Employers liability
  • Occupiers liability
  • H&S at work
  • CDM Regs
  • Defective premises
  • TPOs
  • Protected species
  • Latent defects
  • As a supplier of services

See ‘Forms of Practice’ table for relevant liabilities for:

  • Partnership
  • Company

A LPA would have its own Code of Conduct in addition to the LI’s CoC.

Liable when acting outside your delegated powers

 

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