Two experts give advice to architects about their legal liability in designing for climate change in their projects—just following code may not be enough.
By Larry Dany and Nick Boyd
We do not need more vivid reminders that extreme weather events have the potential to cause appalling loss of life and tremendous property damage. The deadly fires that burned through California in November 2018 followed hard on the heels of a series of hurricanes and floods that wreaked terrible human and economic damage from New York to Houston and Puerto Rico. We are becoming increasingly confident that these extreme events are caused by climate change or, at any rate, that climate change makes them significantly more likely.
Recently, the Fourth National Climate Assessment warned that climate change will cost the United States economy hundreds of billions of dollars annually by the end of the century. Increasingly, stakeholders in the construction process are recognizing that buildings need to be designed to withstand the climate conditions of tomorrow as well as today. Naturally, this leads to the question of whether there will be a legal liability when design professionals fail to anticipate the conditions brought about by climate change.
There are several avenues by which a design professional might be held liable for failure to adapt to climate change. This article focuses on torts and tort-like duties, which represent a significant risk for design professionals. There are other sources of liability, though. Contracts, statutes, and regulations may all impose particular requirements on architects and engineers. Representations that a project complies with certain standards might also generate litigation. For example, in the wake of the recent California wildfires, the state’s largest utility company was sued by shareholders alleging that it was liable to its shareholders for failing to prevent the fires.
Read on Here >>>> Source: ArchPaper Are design professionals liable for failing to anticipate the effects of climate change?