Florida Design Professional Liability Lawyer
Standard of Care in Florida
Under Florida law, design professionals must meet a reasonable professional standard—not perfection. Mistakes do not automatically equal negligence. The question is whether the professional exercised the same degree of skill, care, and diligence as others in the same field.
Bitman Law helps clients:
- Evaluate whether alleged design errors breach the professional standard of care
- Engage expert witnesses to analyze technical performance
- Defend against overreaching negligence or defect claims
- Draft contract language that clearly defines and limits the standard of care
We ensure our clients’ work is judged by fair, industry-recognized criteria—not unrealistic expectations.
See related: Construction Contracts | Contractor Representation
Economic Loss Rule in Construction Context
Florida’s economic loss rule limits tort (negligence) claims when a valid contract governs the relationship. In the construction context, this rule often protects design professionals from being sued in tort for purely economic damages—like cost overruns or lost profits—when no property damage or personal injury occurred.
However, exceptions exist, especially when there’s no direct contract between the parties or when claims allege fraud, misrepresentation, or statutory violations. Bitman Law helps architects and engineers invoke the economic loss rule as a powerful defense to restrict claims to the terms of the contract.
Indemnity Clauses
Contractual indemnity clauses are a critical risk-management tool for design professionals. These provisions determine who bears responsibility for third-party claims, property damage, or construction delays. Under Florida Statutes §725.06, indemnity clauses in construction contracts must be clear, specific, and supported by insurance coverage to be enforceable.
We draft and negotiate indemnity language that:
- Limits exposure to your own negligence
- Requires fair risk allocation among parties
- Aligns with professional liability insurance obligations
Bitman Law ensures your indemnity obligations don’t extend beyond your intended scope—or your coverage limits.
See related: Construction Liens
Insurance Coverage for Design Professionals
Even with careful planning, disputes happen. That’s why professional liability (errors and omissions) coverage is essential for architects and engineers.
Our attorneys counsel design professionals on:
- Understanding policy exclusions and limitations
- Ensuring contracts comply with insurer requirements
- Coordinating coverage for defense costs and settlements
- Navigating insurer communications during claims
Bitman Law integrates legal defense with insurance strategy to minimize both liability and out-of-pocket expense.
Protect Your Florida Design Practice from Liability
From contract drafting to dispute defense, Bitman Law helps Florida design professionals protect their licenses, finances, and reputations.
Call Bitman Law or schedule a consultation to speak with a Florida attorney experienced in design professional liability and construction law.
Florida Design Professional Liability FAQs
What is the standard of care for Florida architects and engineers?
It’s the level of skill, care, and diligence that a reasonably prudent professional in the same discipline would exercise under similar conditions.
Can design professionals be sued for negligence?
Yes, but negligence must involve a deviation from the professional standard of care. Purely economic losses are often limited to contract claims under Florida’s economic loss rule.
How does the economic loss rule apply to design professionals?
It generally bars tort claims for financial losses when a contract defines the parties’ rights and remedies. Exceptions exist where no contract exists or where intentional misconduct is alleged.
