Most common claims arise from/most common against an Architect?

Between two Black Spectacles practice exams (#2 & #3) there are identical questions with different answers (and not really any way to know). I actually see they questions may differentiate (as I right them), but how does one know?

One question asks, of the 4 non-technical risk drivers, which do most claims arise from?
Solutions stated: Communication (40%)
Project Team Capabilities (25%)
Client Selection (20%)
Negotiation & Contracts (15%)

The other question just simply asked what the most common claim against architects is?
Solution: Negligence, breach of contract

These questions seem to be asking the same exact thing, but there are different answers. Is this an error?

Hi Jared,

My thought is that the second question is asking what the most common claim is - negligence, breach of contract.

The first question is describing ways in which negligence may arise in architecture. While “communication” isn’t negligence per say, negligence often may arise from a lack of communication with the client, the constructor, or within the design team. Contracts may also be breached because the contract’s contents and stipulations weren’t properly communicated to the design team or owner.

It’s a tricky question! Just be sure to take as many hints from the question as possible. For example, the first tells you that all of the options are non-technical risk drivers. So you know all of these items are items that may lead to claims arising, but one is the most common.

The second question is asking what the most common claim against an architect is. Communication can’t be an answer here because “communication” itself is not a claim. Instead, we can look at the four answers posed in the first question and try to think of a term that all four of these “drivers” could lead to. In this case, negligence, which is the most common claim against an architect.

Hopefully this helps!

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