What is the duty of an architect to his client and to estimate costs fairly and reasonably?

Alberta, Canada


The following excerpt is from Saxby & Pokorny v. Fowler, 1977 ALTASCAD 114 (CanLII):

The duty of an architect to his client has been defined by judicial authority and commented upon by eminent text book writers. The duty to design within money limits imposed by the client and to estimate costs fairly and reasonably if the subject of comment at page 144 of Hudson’s Building and Engineering Contracts, 10th edition: “In the earliest stages of employment of his architect or engineer, the employer will in practice usually indicate or impose limitations on the cost of the proposed project. Even if no mention of this is made, it is suggested that an architect must design works capable of being carried out at a reasonable cost having regard to their scope and function. There will, therefore, in most cases be an express or implied condition of the employment that the project should be capable of being completed within a stipulated or reasonable cost, and an architect or engineer will be liable in negligence if, in fact, the excess of cost is sufficient to show want of care or skill on his part. Thus, in Moneypenny v. Hartland (1826) Best C.J. said: ‘A man should not estimate a work at a price at which he would not contract for it; for if he does, he deceives his employer .... If a surveyor delivers an estimate greatly below the sum at which a work can be done, and thereby induces a private person to undertake what he would not otherwise do, then I think he is not entitled to recover.’“

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