Architect, Engineer, Construction workers, Liability, Privity doctrine
Three major developments underlie the law of architect or engineer (a/e) liability to construction workers, beginning in the second half of the twentieth century: (1) a change from a no-duty regime to a duty of care under a foreseeability test, (2) reactions to that expanded liability by changes to standard form documents by industry associations (in particular the American Institute of Architects (AIA)), (3) currently culminating in a broad national consensus. The Arkansas Supreme Court was instrumental in framing the issues of this jurisprudence early in its development and later contributed to its continued evolution.
Marc M. Schneier,
Design Professional Liability for Construction Worksite Accidents - How Arkansas Led the way to a National Consensus,
75 Ark. L. Rev.
Available at: https://scholarworks.uark.edu/alr/vol75/iss2/8