Are Individual Design Professionals More Liable Than Their Employers?

In Witt v. La Gorce Country Club, Inc., 2010 WL 2292104 (Fla. 3d DCA June 9, 2010), La Gorce Country Club, Inc. (“Owner”) had a project for an irrigation system for its golf course. Owner had discussions with ITT Industries, Inc. (“Contractor”) regarding the project. Contractor introduced Owner to Gerhardt M. Witt (“Consultant”), a professional geologist licensed by the State of Florida. Consultant had his own firm, Gerhardt M. Witt and Associates, Inc. (“Consulting Firm”). Owner entered into a design-build agreement with Contractor and into various contracts with Consulting Firm for consulting services and project coordination. The agreements between Owner and Consulting Firm contained a provision that was intended to limit the liability of Consultant Firm and its subconsultants in the event of professional malpractice. The irrigation system was constructed and ultimately failed. Owner brought suit against Contractor, Consultant and Consulting Firm. One of the causes of action against Consultant and Consulting Firm was for professional malpractice.  Read On . . .