Floor Craft Floor Covering, Inc. v. Parma Community General Hospital Ass'n
54 Ohio St. 3d 1 | Ohio Supreme Court | 1990
What This Case Means for Subcontractors
Floor Craft, a flooring contractor, sued an architect for economic losses caused by defective plans, even though they had no direct contract with each other. The Ohio Supreme Court ruled that contractors cannot sue architects in tort for purely economic damages without a direct contractual relationship (privity). This means if you're a subcontractor harmed by an architect's negligent design work, you generally cannot recover money damages unless you signed a contract directly with that architect.
Key Takeaways
- •Do not rely on suing architects or other design professionals for economic losses unless you have a written contract directly with them
- •Ensure your subcontract flows down liability and indemnification clauses from the general contractor to protect yourself from design defects
- •If you discover design defects, immediately notify the general contractor and document all communications to preserve your contractual remedies
No common-law duty requires an architect to protect the contractor from purely economic loss.
Frequently Asked Question
Can I sue the architect directly if their bad plans cost me money?
Not for economic losses alone, unless you have a direct contract with the architect. You must have privity of contract—a direct contractual relationship. Instead, pursue claims through your general contractor or the party you contracted with, and ensure your subcontract includes flow-down provisions that protect your rights.
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