Attributing liability to designers

The designer is liable for damage arising from insufficiencies, errors or inaccuracies in the project, assessed against the regulations applicable to drafting projects and the terms of the contract. The designer is liable whether such deficiencies are due to their own acts or omissions or are caused by the calculations, studies or reports that the designer commissioned from other professionals. All of this is without prejudice to the direct liability of those other professionals, both towards the owners and towards the designer by way of recourse.

If, alongside the main project, there are partial projects drafted by technical professionals with no relationship of professional dependence between them, and who were not subcontracted by any of the designers taking part in the design, each designer will bear liability for the deficiencies in their own project. However, since in such cases the LOE entrusts the main designer with coordinating all the projects, the main designer will be liable for damage arising from a lack of coordination between the different projects. Being an employee does not exempt the designer from personal liability as a technical professional.