The investment process relies heavily on trust in the designer, who is responsible for the technical and legal accuracy of the documentation that forms the basis for construction. However, errors made during the design phase—though often invisible at first glance—can only become apparent during project implementation, generating measurable financial losses. In such situations, the investor is not left without legal protection.
The nature of an architect's responsibility
By accepting a design assignment, an architect commits to the investor to deliver a result that complies with applicable regulations, construction practices, and the terms of the contract. Their liability is therefore primarily contractual in nature and results from improper performance of the obligation. In practice, this means that the investor, by demonstrating the existence of a design defect, the damage suffered, and the causal relationship between them, may demand redress, regardless of whether the architect acted intentionally or negligently.
It's also significant that individuals performing independent technical functions in construction, including architects, are generally covered by mandatory civil liability insurance. In practice, this significantly simplifies pursuing claims, as compensation can be paid directly by the insurer, without the need for enforcement against the designer's assets.
Types of errors that result in liability
Common court case law provides numerous examples of situations in which the architect's liability was found to be justified. In one case, the court found the designer liable for damage resulting from incorrectly selected structural parameters of a ceiling, which became apparent only after the reinforced concrete works had been completed and required partial dismantling and re-construction in accordance with the revised design. In another case, the court awarded the investor compensation for costs incurred due to the need to amend documentation that was found to be inconsistent with the local zoning plan, which initially prevented the investor from obtaining a building permit. There are also cases where the basis for the claim was defectively prepared installation documentation, resulting in the need for additional work after the main construction phase had been completed.
The common denominator of these cases is that the court each time examined whether the designer exercised due diligence required of a professional and whether there was a direct causal relationship between his actions and the damage, usually established on the basis of an opinion from a construction expert.
Scope of compensation claims
The amount of compensation depends on the nature and consequences of the specific error. However, in practice, it most often covers the costs incurred to correct or re-create defective design documentation, the costs of additional construction work resulting from the need to adapt already completed elements to the correct technical solutions, and the costs associated with preparing expert opinions and technical reports necessary to demonstrate the design's defects. In situations where a design error caused a significant delay in the project, the investor may also seek compensation for lost profits, such as expected income from rental or sale of the property. However, if design defects permanently affected the functionality or market value of the facility, a claim for compensation for reduced value may also be justified. The amount of damages should be documented with cost estimates, invoices, and, if possible, an expert opinion, especially in the case of claims regarding reduced property value.
Errors made at the design stage can lead to serious financial consequences, including the cost of corrections, project delays, and loss of property value. However, current regulations provide investors with effective means of seeking compensation from both the architect and their mandatory third-party liability insurance. Promptly securing documentation, appointing an expert, and professional legal support from the very beginning of the process significantly increase the chances of an effective and full settlement of the claim.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 8, 2026.
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