California Assembly Bill AB1489

California 2017-2018 Regular Session

• Introduced: 2/17/17
• Refer: 3/16/17
• Failed: 2/1/18

Caption

Architects Practice Act.

Impact

The proposed changes in AB 1489 can significantly impact existing laws concerning professional liabilities of architects. By limiting their responsibilities regarding any modifications or uses that deviate from approved plans, the bill seeks to create a more predictable legal framework for architects. Many professionals view this as a much-needed update that aligns with modern architectural practices and addresses the increasingly complex nature of construction projects where changes may be frequent and necessary.

Summary

Assembly Bill 1489, introduced by Assembly Member Brough, aims to amend the Architects Practice Act by clarifying the liabilities of licensed architects in California. Currently, architects who sign and stamp plans, specifications, reports, or documents are not held responsible for damages caused by unauthorized changes to those documents. AB 1489 further extends this provision by stating that architects will also not be liable for damages arising from construction that deviates from permitted plans, specifications, or documents. This shift is aimed at bringing more clarity and protection for architects in their professional duties.

Contention

However, there are points of contention surrounding AB 1489. Critics argue that easing liability for architects may lead to a lack of accountability, especially in instances where poor construction quality arises from deviations from established plans. There are concerns that the bill could undermine consumer protection by allowing architects to distance themselves from subsequent modifications made either by contractors or clients. This has led to debates about whether the balance of responsibility is shifting too far in favor of architects, potentially impacting the interests of clients and third parties affected by architectural decisions.