I would suggest extreme caution with any certification.
Under normal circumstances, an Architect does not warrant that his or her work product comports with applicable codes, laws, ordinances, or for that matter, anything. The normal standard is the governing standard of care - that level of care which a similarly situated Architect of like training, education and experience, practicing in the same or a similar local, would render. That standard is average - it is not perfection. The standard takes into account the possibility that errors and oversights can occur. If the average Architect might have committed the same error or oversight, then no breach of the standard of care occurred.
While I am not familiar with the law in every state, in most states, the law does not impose a warranty on professional services. Therefore, there is no warranty of any kind unless you create one. A certification arguably does that. When an Architect "certifies" that, in this example, his or her work product is "
in compliance with all City zoning and building codes" that is akin to a warranty - a warranty in effect of perfection. Since the prevailing standard of care is not perfection, the certification has effectively elevated the standard of care in that specific instance in that it obligates the Architect to a standard that is beyond that prevailing in the industry. Nothing stops an Architect from warranting anything - but if they do, then those warranties are generally enforceable. If an Architect certifies that his or her work product complies with all zoning and building codes for example, and lt is later determined that may not in fact be the case (and perfection is of course a tall order - we strive for it but never can really achieve it) then the lack of compliance is a breach of the warranty. That in turn engenders claims where one could not lie at common law under the traditional standard of care analysis.
Understand also that certifications or warranties may void insurance coverage. As a professional, your carrier insures you against your inadvertent failure to comply with the general prevailing standard of care. If the standard of care does not require perfection, but you nevertheless agree to achieve perfection, you have obligated yourself to a duty that exceeds that imposed by the standard of care. That excess duty over and above the standard of care - i.e.; what is effectively an agreement to achieve perfection - is not likely something your carrier has underwritten. Said another way, you could comply with the standard of care (which is short of perfection) and yet fail to achieve perfection. In that instance, since you have not breached the general prevailing standard of care, you have not committed an act for which you have insurance coverage. However, because you haven't achieved perfection, you may have exposed yourself to liability.
The best suggestion would be to have certifications reviewed by an Attorney familiar with the law in your state. This is dangerous and touchy area, and it could have serious ramifications if not handled with the utmost care.
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Frederick Butters FAIA, Esq.
Attorney
AIA Detroit
Southfield MI
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