Home > Construction Law, Real Estate Law > Neiman v. Leo A. Daly Co. affirms Completed and Accepted Doctrine in favor of an Architect

Neiman v. Leo A. Daly Co. affirms Completed and Accepted Doctrine in favor of an Architect

In Neiman v. Leo A. Daly Co., No. B234537, the Second District Court of Appeals ruled on plaintiff’s personal injury action against an architect for sustaining injuries after falling on the stairs at a theater on a community college campus, that was designed by the architect.  The appellate court affirmed the trial court’s summary judgment in favor of the architect.  The Court held that 1) once work has been completed and accepted by the owner, the contractor is not liable to third parties for patent defects; and 2) the defendant met its burden on summary judgment of establishing the affirmative defense of the completed and accepted doctrine.

Under the completed and accepted doctrine, once work as been completed and accepted by the owner, the contractor is not liable to third parties for patent defects.  In this action, the plaintiff did not allege that the architect was negligent in preparing the plans and specifications, but instead claimed the architect was  negligent in failing to see and notify the owner and contractor that the contrast marking stripes required by the plans for the theatre and by the California Building Code, were not placed on a set of stairs.  In this instance, the completed and accepted doctrine was extended from the benefit to a contractor who actually builds a project, to an architect who did no actual construction but instead designed and oversaw the project.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

About these ads
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.