Could you please provide the response to the introductory exercise: “How do you distinguish between an honest mistake and professional negligence?”
I’ve reviewed the workshop materials several times but haven’t been able to find a clear answer. I would really appreciate an explanation, as I’m quite curious to understand the difference.
Thank you in advance!
Hello, to answer your question, there is no right or wrong answer to the intro/reflection exercises, as they are intended to promote critical thinking and set a foundation for the overall workshop topic.
That said, just remember that “standard of care” refers to the “minimum level of competency”; most negligent claims arise when there is a hardship created for your client, which an attorney would have to find a “cause” for. Architects are human, we make mistakes, there is no set of perfect drawings. Honest mistakes do happen, and hopefully per your AIA B101 contract, this would be resolved through mediation as the first step. Professional negligence would be a claim of oversight (or omission) for a basic service that you (the Architect) should have been aware of (i.e. especially code related issues or dealing with life safety); you are the expert they hired, it’s not your client’s responsibility to have a knowledge of building codes. Therefore, had they hired another prudent architect in a similar circumstance, similar type of project and same geographic area, would they have missed this basic code requirement in the drawings? Understand this is a gray area, but these are the types of questions that your Owner’s legal counsel may ask in the event a negligent claim does arise. This is the “standard” you are held to per your B101 contract, and even more so if you are an AIA member (per the AIA Code of Ethics).
Thank you so much for your great explanation!