Does the question “Can I sue my architect for taking too long?” cross your mind? If so, it’s important to know the basics and the various grounds to sue an architect in Canada before you do any action or file a case in court.
What are the laws regulating architects in Canada?
Canada has numerous laws which regulate architects and the professional aspects of their work. When engaging in the services of an architect – as with any other professional – it is best to first check if they’re compliant with these laws.
Provincial and territorial laws
The provinces and territories have enacted statutes which:
- Regulate the practice of architecture
- Establish the regulatory body or association of architects (e.g., Ontario Association of Architects)
- Govern the licensing of architects (and interior designers) to be administered by the regulatory body of that province or territory
This means that regulation of architects falls under the provinces and territories, as enforced by the architecture regulatory body.
Some examples of these laws in provinces or territories that pertain to architects are:
- Ontario: Architects Act
- Québec: Architects Act
- British Columbia: Professional Governance Act
- Alberta: Architects Act
- Manitoba: The Architects Act
Laws on negligence and professional liability
Canada’s common laws and other enacted statutes on negligence and professional liability also applies to architects.
This is based on the principle that professionals in every sector – including architects – assume responsibility for any work they provide for their clients.
When violations, damages, or injuries arise out of their negligence or professional misconduct, a civil action or civil case may be filed against an architect by their clients.
Professional liability insurance
Architects are required to have a professional liability insurance policy in Canada. This is mandated by the provincial or territorial laws mentioned above. It may also be embedded in the contract with your architect.
Watch this video to know more about your architect’s professional liability insurance:
Consult with a lawyer to know how this professional liability insurance may affect your lawsuit against your architect. If you’re from Toronto or Ottawa, you may reach out to any of the Lexpert-Ranked professional liability lawyers in Ontario.
Can I sue my architect for taking too long?
Yes – clients can sue their architect when a project is taking too long. However, a favorable decision for your side is not always guaranteed, since there are a lot of legal and practical considerations that you must consider.
Your contract with your architect
First of all, go over your contract with your architect. Check at to see if your architect can be sued for taking too long in completing their work.
Your contract will state the terms and conditions of the project, including deadlines to be met. It may also include terms that may allow for justifiable delays.
Some examples when your architect will not be held liable for delays are:
- Delays in compliance with permits and licenses with a regulatory body
- Any “acts of God” or force majeure, causing the delay
- Delayed payments on your part as the client
However, to be cleared from liability, there must be absence of any fault on the part of your architect.
The financial damages you suffered
Another factor you must consider before suing your architect for taking too long is that you have suffered substantial financial damages.
This financial loss must be attributed to your architect either:
- Directly (e.g., lost income due to the delay of the project), or
- Indirectly (e.g., a third party is holding you liable for the delay of the project).
The financial loss and damages must also be actual and not perceived. It would be difficult to prove future costs when asking for an award for damages from the court, although it’s possible.
Your own contributory acts
If you’re set on suing your architect for taking too long, or for any other causes, your own acts or omission must also be considered.
If you also contributed to the delay with the project, the court may find it unjust to award you damages. The court may even minimize the damages it may award due to your contributory acts.
Some examples of a client’s contributory acts are:
- Additional requests when the project is already halfway done
- Revisions which may take a lot of time to complete
- Delayed payments as agreed on the contract
Waiver on your part
When you’ve accepted the finished project and did not raise any objection, it may be a sign of waiver on your part. In this case, you will now be prevented from suing your architect for taking too long to complete the contracted project.
However, this does not include the other grounds for suing an architect, such as fraud, negligence, or breach of contract. It is therefore best to consult with a professional liability lawyer to check if any of your acts are considered a waiver of your right to sue your architect.
Read more: How to sue an architect in Canada?
What is the most common claim against architects?
Aside from suing your architect for taking too long to finish the project, there are other claims that may be filed against them.
Negligence
One of the most common claims against architects is negligence. While negligence may lead to delays, it may also result in other mishaps, such as exceeding the budget specified for the project.
Some examples of negligence by architects are:
- Suggesting substandard or wrong materials for the construction project
- Designing a plan that is not compliant with the industry’s standards
- Ignoring the reasonable or justifiable complaints of clients
Structural errors
Another common claim against architects is structural errors. Architects are responsible for their design, ensuring the structural integrity of its plans for the safety of the people using the building.
As such, when structural damage happens, and personal injuries or fatalities occur because of it, this may be attributed to the error of the architect. Other parties may also be held liable for structural errors, such as the contractor (and subcontractor), the engineers, among others.
To answer the question “Can I sue my architect for taking too long?” and other related questions, consult the best professional liability lawyers in Canada as ranked by Lexpert.