ABSTRACT
When dealing with the construction of buildings, design encompasses everything the architect produces in order to arrive at the completed building. It is not just presentation or even constructional drawings, but also all the specification details. Errors in design can lead to claims being made against the architect and questions arise about the extent of an architect’s liability if the reality is that the contractor or a sub-contractor has actually produced the design for part of the Works, such as roof supports or heating and mechanical systems. Copyright in the design vests in the architect but the extent to which the client and others may have a licence to reproduce the design can be difficult to determine. The architect’s duty is to use reasonable skill and care, but what exactly does that mean?
