DESIGN PROFESSIONAL LIABILITY
When Design Errors Contribute
to Construction Failures:
Architect & Engineer Liability
in Alabama
By Ethan D. Hiatt | Hiatt Law, LLC
Published September 10, 2026
Architects and engineers play a critical role in the success of a construction project. When design errors, omissions, or inadequate professional services contribute to construction defects, cost overruns, or other project failures, commercial property owners may have claims against responsible design professionals. Understanding the scope of services, standard of care, and project record is essential to evaluating potential liability.
1. What Was the Design Professional
Hired to Do?
The starting point is the professional services agreement, which defines the architect’s or engineer’s scope of work, responsibilities, and limitations. Key issues may include design services, specifications, contract administration, site visits, submittal review, and any disclaimers or exclusions. Understanding what the design professional was actually retained to do helps frame the analysis.
2. Design, Installation,
or Both?
Construction problems can result from design errors, installation issues, defective products, or a combination of causes. A careful review of the plans, specifications, submittals, field conditions, and project communications can help distinguish design-related issues from construction-related problems and identify where responsibilities may overlap.
3. Site Observation Does Not Necessarily
Mean Continuous Inspection
Architects and engineers often perform periodic site observations as part of their professional services. Those visits do not necessarily mean the design professional was responsible for continuous inspection or day-to-day supervision of the contractor’s work. The professional services agreement, project records, field reports, and applicable standards help define what level of involvement was actually required.
4. Timing Should Be Evaluated Early
Potential claims involving design professionals may be subject to contractual notice requirements, statutes of limitation, statutes of repose, and other deadlines. Early evaluation can help preserve evidence, identify key project records, and reduce the risk that important rights or defenses are affected by delay.
5. Building the Technical Record
Evaluating a design-related claim often requires a detailed review of drawings, specifications, calculations, submittals, requests for information, change orders, field reports, project correspondence, and other technical records. Expert analysis may also be necessary to determine whether the design, professional judgment, or project conditions contributed to the failure and to assess potential responsibility.
Why Scope of Services Matters
Responsibility often depends on what the architect or engineer was actually retained to do. Reviewing the professional services agreement, drawings, specifications, project communications, and contract-administration responsibilities is an important part of evaluating a potential design-related claim.
KEY AREAS OF FOCUS
Scope of
Services
Design
Errors
Specifications
& Drawings
Contract Administration
Site Observation & Reporting
Standard
of Care
Timing &
Notice
RELATED CAPABILITY
Design Professional Liability
Hiatt Law represents commercial property owners and businesses throughout Alabama in disputes involving architects, engineers, and other design professionals, including claims involving design errors, omissions, scope of services, professional standards, contract administration, and related construction failures.
Facing a Design-Related Problem?
Hiatt Law represents commercial property owners and businesses in complex disputes involving architects, engineers, and other design professionals throughout Alabama and the Southeast.