Texas PJC Malpractice 2022

PJC 60.1

N ONMEDICAL M ALPRACTICE —D EFINITIONS & I NSTRUCTIONS

838, §§1–3 (S.B. 219), eff. Sept. 1, 2021. See, e.g., Tex. Bus. & Com. Code ch. 59, which modifies the standard of care for certain defects in plans, specifications, and other design documents and a contractor’s liability and responsibility for certain defects, and Tex. Civ. Prac. & Rem. Code ch. 130 concerning an architect’s or engi neer’s standard of care. The comments below were drafted before these provisions took effect. The Committee expresses no opinion on the effect of the legislation on the comments below. Implied possession, use of skill. An architect or an engineer must use the skill and care in the performance of his duties commensurate with the requirements of his pro fession and is liable only for a failure to exercise reasonable care and skill commensu rate with those requirements. I.O.I. Systems, Inc. v. City of Cleveland , 615 S.W.2d 786, 790 (Tex. App.—Houston [1st Dist.] 1981, writ ref’d n.r.e.) (citing Ryan v. Morgan Spear Associates, Inc. , 546 S.W.2d 678 (Tex. App.—Corpus Christi–Edinburg 1977, writ ref’d n.r.e.). The architect’s undertaking implies only that he possesses the skill and ability sufficient to draw and prepare the plans and specifications in an ordinary, reasonable manner and will exercise and apply that skill and ability with ordinary care. See Ryan , 546 S.W.2d 678; Capitol Hotel Co. v. Rittenberry , 41 S.W.2d 697, 703 (Tex. App.—Amarillo 1931, writ dism’d); American Surety Co. v. San Antonio Loan & Trust Co. , 98 S.W. 387 (Tex. App. 1906), rev’d in part on other grounds sub. nom. Lonergan v. San Antonio Loan & Trust Co. , 104 S.W. 1061 (Tex. 1907). Board of Architectural Examiners. The practice of architecture is regulated by the Texas Board of Architectural Examiners, which is responsible for both examination and licensing. Tex. Occ. Code ch. 1051. Board of Professional Engineers. The practice of engineering is regulated by the Texas Board of Professional Engineers, which is responsible for both examination and licensing. See Tex. Occ. Code ch. 1001. Scope of liability. In contracting for personal services, an architect’s or engineer’s duty depends on the particular agreement entered into with his client; absent specific contractual provisions, architects and engineers owe no duties to the general public or their clients’ guests. See I.O.I. Systems , 615 S.W.2d at 790; see also Dukes v. Philip Johnson/Alan Ritchie Architects, P.C. , 252 S.W.3d 586, 595 (Tex. App.—Fort Worth 2008, pet. denied) (no duty to public because no evidence that the contract required the architects to report or make safe any hazards detected); Black + Vernooy Architects v. Smith , 346 S.W.3d 877, 884–85, 892 (Tex. App.—Austin 2011, pet. denied) (although architects owed a contractual duty to their clients to guard against construction defects, architects did not owe a contractual duty to their clients’ house guests as third-party beneficiaries who were injured by the defects, and architects did not owe a common law duty to house guests under circumstances present in the case). Using “reasonable care” instead of “ordinary care.” In Hiroms v. Scheffey , 76 S.W.3d 486, 488–89 (Tex. App.—Houston [14th Dist.] 2002, no pet.), the court noted

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