In a profession like architecture, it’s not unusual for friends and family to reach out for free advice on design projects. While it’s natural to want to use your skills and expertise to help those you know, it’s a situation that can lead to a costly lawsuit without the proper protections in place.

Architects, engineers and other design professionals are held to high standards of professionalism that apply even when you’re helping family members and friends. One of the best examples in recent memory of what can go wrong is the case of Burgess v. Lejonvarn. Here’s a look at what happened and what you can do to protect yourself from the risks of similar situations.

What Happened: Architect Sued After Helping Neighbors With Garden

In 2012, Basia Lejonvarn, an American-qualified architect, was living with her husband in an apartment in Highgate, North London. Her building overlooked a six-bedroom Victorian Era property owned by Peter and Lynn Burgess. As neighbors, the couples soon became friendly, occasionally socializing together.

During a party at the Burgesses home, the neighbors told the architect of their plan to transform the steep slope rising up behind their home in the backyard into a landscaped garden, with multilevel terraces, lawns, paths, lighting and seating areas. The Burgesses explained that a well-known landscape gardener had quoted an estimate for the initial earthworks and garden design of £150,000. The neighbors felt this was too high and asked the advice of Lejonvarn.

Architect Assists on the Garden Project

Lejonvarn agreed that it should be possible to complete the project’s initial stages more economically, suggesting an estimate of £130,000, and agreed to help find some contractors who would do so. The architect offered this initial help for free, informally via email, believing that she may be able to offer some formal design services for a fee at a later stage of the project. However, the group’s friendship broke down before such a professional relationship had a chance to develop.

At first, work commenced on the Burgess garden project as planned, with new contractors sourced by Lejonvarn. However, the Burgesses soon ordered them off the job, finding fault with the quality of the work and complaining when costs has exceeded £78,000, which they now claimed was the amount for which the work should be completed. Communication between the Burgesses and Lejonvarn broke down, and the project was completed by the landscape gardener the neighbors had originally consulted.

Clients Bring Claim Against Architect

In 2013, the Burgesses hired a prominent law firm and sued Lejonvarn for £265,000, the full cost of the garden’s transformation. The neighbors argued that the final project cost more than it would have if the architect had never been involved. The Burgesses brought both contract and tort claims against Lejonvarn on the grounds that she had assumed responsibility for the project by providing services as an architect and project manager. Since the architect was responsible, she was to blame for any defects in design and workmanship, they claimed.

The case eventually went to trial before the UK Technology and Construction Court in 2015. In the course of the proceedings, Lejonvarn offered a settlement of £25,000. However, the Burgesses rejected it and countered with a demand of £220,000. Unable to settle, the trial continued. The court proceeding ended with a judgment against the architect.

While the court acknowledged that no written contract could be assumed from the informal email exchanges between the parties, the nature of the interactions was deemed to be more than just simple advice given in passing. The garden work was noted to be a significant project which the parties were approaching in a professional way. The court ruled that such facts created a duty of care for the architect to exercise reasonable skill and care in the provision of professional services.

Architect Appeals High Court Verdict

The initial verdict against Lejonvarn was largely confined to what duties and standards apply to architects and project managers. The particulars of the claims brought by the Burgesses of what had gone wrong on the project were not closely examined. On these grounds, Lejonvarn appealed.

In 2017, the Court of Appeals agreed with the architect and sent the case back to the lower court for further examination. An expert witness, who had examined the built work, found no faults requiring intervention by the architect and testified that notes concerning a survey did not constitute a design plan. When the court examined the project budget documents, it found the architect distinguished the builder’s pricing, provisional estimates and costs contingent on client input.

While the duty of care decision had been upheld at the Court of Appeals, the lower court found the architect had not been negligent in any of the professional services she did provide under that duty. The case ended with the Court of Appeals finding that the neighbors’ lawsuit had been without basis and that the architect was blameless and entitled to damages from the neighbors for her costly legal fees at a punitive indemnity rate of nearly £1 million.

What Architects Can Do to Protect Themselves

Burgess v. Lejonvarn is a cautionary tale in many ways. Basia Lejonvarn wanted to use her passion for design to help her neighbors and contribute to a striking high-end garden design project. Yet the architect was blamed for professional mistakes she did not make. Resolving the ensuing client dispute took more than seven years of litigation and came at a heavy cost to Lejonvarn both personally and professionally.

It’s difficult to know how a project will turn out before it begins. There’s always the possibility it will run into difficulties and, rightly or wrongly, the architect will be blamed. The architect in this case faced a number of professional risks that are more common than many realize.

When examining these risks, there are steps architects can take to minimize the chance of ending up in court. When it comes to:

Free Advice and Pro Bono Services

Approach all projects you work on with a high level of professionalism, even those for which you aren’t being paid. This includes any free advice you offer to friends, family and neighbors, as well as situations where you offer your services pro bono. Remember, your professional duty of care can apply even in cases where you work for free.

Design and Documentation

Be careful of mistakes in your design or documentation that could lead to defects, cause delays or result in damages. Follow the appropriate standards of care and pay attention to quality control. Make sure to be thorough in your documentation of client interactions and always let the client own important decisions.

Contract Administration

Control risks by always working with a contract, even if the nature of the work you’ll do is minimal or you are providing services without a fee. The contract is one of the most important documents architects create, and a good one can serve as a roadmap for solving problems before you end up in court. When drafting and administering a contract, pay attention to scope of services, roles and responsibilities, communication, timelines, budgets and conflict resolution.

Valuations and Inspections

Ensure that any valuations and inspections you provide are always as accurate and complete as possible. Properly estimating the cost of a project, following best practices for unforeseen conditions and fully documenting construction observations are key to avoiding problems. In general, work that is thorough, verified and standardized will result in less risk to the architect.

Referrals and Introductions

Practice a high level of professionalism whenever you are making a referral for professional services, and be careful when making an introduction that may be construed as a professional recommendation. The architect can potentially be blamed when a recommended colleague, subcontractor or consultant fails to perform and causes economic loss to a third party. Be clear about any endorsements and play it safe with vetted experts and firms.

More Protection

All of these tips can help minimize your chance of a problem. But even doing everything right won’t work one hundred percent of the time. As the Court of Appeals noted, Lejonvarn was blameless in the dispute with her neighbors over the free advice she provided on their garden project. Yet despite doing everything right, she still faced steep legal fees and the stress of seven years of litigation. In this case the only thing that would’ve helped was insurance.

Professional liability insurance can help provide important protection for architects when other means of avoiding a lawsuit have been exhausted. Coverage specifically protects you for professional services you provide, including if you have provided them for free to friends, family, neighbors or others.

The Lockton Affinity Architect + Engineer Insurance Program offers Professional Liability to a broad range of design professionals, including architects, engineers, landscapers, contractors and more. A host of coverage benefits are included, such as pre-claims assistance and free contract reviews. Request a price indication today to find out what our coverage will look like for you.

References:

1. https://www.thetimes.com/uk/crime/article/architect-basia-lejonvarn-blameless-in-265-000-garden-feud-ndg9v2jzb
2. https://www.architectsjournal.co.uk/news/architect-awarded-at-least-400k-from-neighbours-after-failed-legal-spat
3. https://simply.law/england-wales/articles/peter-burgess-and-lynn-burgess-v-basia-lejonvarn/
4. https://www.archifact.co.uk/recent-cases/burgess-v-lejonvarn-architect-vindicated-but-at-what-cost
5. https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/even-when-it-is-free-giving-advice-could-lead-to-legal-action
6. https://www.lexisnexis.co.uk/blog/built-environment/the-case-that-keeps-on-giving-lejonvarn-v-burgess