LITIGATION ALERT: DESIGN PROFESSIONALS BEWARE

In many construction projects, the general contractor, instead of the owner, hires design professionals, such as engineers and architects, to assist in the design of the structure.  Therefore, in such situations, a contract will obviously not exist between the owner and the design professional. Because a contract does not exist between the parties, an owner cannot assert a direct claim for breach of contract or professional malpractice against the design professional.  However, there is a growing sentiment in Texas courts to allow a design professional to be sued for negligent misrepresentation by owners with whom they have no contractual relationship.