Liability of French Architects: Responsibilities and Legal Consequences
In France, architects are subject to a Code of Professional Conduct, and failure to comply with these regulations can lead to disciplinary action. It is crucial for architects to understand their responsibilities and potential legal consequences to ensure the success of a construction project.
Mandatory Written Contract: Defining Duties and Remuneration
According to Article 11 of the Code of Conduct, any professional engagement of an architect must be the subject of a prior written contract. This contract should define the nature and scope of the architect’s duties, as well as the terms of their remuneration.
Disclosure of Conflicts of Interest
Architects are required to inform their clients and the regional council of any personal or professional conflicts of interest they may have with any person or entity involved in the construction industry before entering into any engagement.
Responsibilities of Architects
Architects have various responsibilities that must be carried out to ensure the success of a construction project. These include creating accurate and feasible plans, obtaining necessary permits, overseeing construction, and providing advice to clients.
Legal Consequences of Failure to Perform Responsibilities
Failure to perform any of these responsibilities can result in legal action and potential damage or harm. Architects can be held liable for any resulting damage if they fail to conduct proper research, design a building that meets necessary regulations, provide adequate advice to clients, oversee construction, or identify and report problems during the final inspection.
Architects must take their responsibilities seriously and conduct thorough research and due diligence throughout the project to avoid potential legal consequences. It is essential for architects to understand their duties and obligations to ensure the success of a construction project.
About the Author :
Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).
FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.
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