Claim Against Architect Fails Without Privity

Kegler Brown Construction Newsletter

In the case of Spring Creek Condominium Ass’n v. Colony Development Corp., No. 07AP-671, 2008 WL 802729 (Ohio App. 10th Dist. March 27, 2008), an architect hired by a developer to design a condominium project was later sued by the condominium association and individual condominium owners.

The Franklin County Court of Appeals ruled that the architect could only be liable to the developer who hired him, and had no duty to the condominium or subsequent purchasers. As a result, the architect prevailed and avoided liability.

This case reinforces the difficulty of taking legal action for economic loss against a party with whom you do not have a direct contract.