If a commissioning report shows system/function inadequacies is the architect held liable?
Hi @SCOTT.BENJAMIN.M thanks for the question!
As with many liability questions, the answer is ‘it depends’. Liability is going to be determined in court, or via whatever dispute resolution technique (arbitration, mediation) is specified in the contracts. Many factors will be considered - did the architect act within the standard of care? did an architect’s consultant design the system? etc. before liability is determined.
I wouldn’t say that the architect is opened up to more liability than usual due to commissioning, because these potential errors may surface on a commissioning report. If there’s a functional inadequacy in the system, it’s likely that it will be noticed by an occupant and become an issue at some point, whether or not commissioning was performed.
I hope this answered your question, and good luck in your studies!