final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; John B. Bowman, Judge; L.T. Case No.
14-004946 (05) and 13-013834 CACE (02).
R. Elder and Kerry H. Lewis of Elder & Lewis, P.A.,
Miami, for appellant.
P. Robertson of Daniels Rodriguez Berkeley Daniels &
Cruz, P.A., Coral Gables, for appellees.
a supervising architect owes a duty of care to a contractor
hired by the county for an airport improvement project is the
question asked in this appeal. The contractor argues the
trial court erred in failing to apply
Moyer and granting final summary judgment for
the architect. We agree and reverse.
county entered into separate contracts with the architect and
the contractor for the development of an improvement project
at the Fort Lauderdale Airport. The county's contract
with the architect assigned the latter with consultant and
administrative duties. The county's contract with the
contractor concerned the scope of work and the
architect's role as a consultant and administrator.
project neared completion, the county terminated its contract
with the contractor. The contractor filed suit against the
county and the architect claiming breach of contract and
professional negligence, respectively. The trial court
consolidated the actions for discovery and trial.
architect moved for partial summary judgment, arguing it did
not owe the contractor a duty of care and the contractor
could not recover contract damages in tort. The trial court
granted the architect's motion, concluding the architect
did not owe the contractor a duty of care in its role as the
county's consultant. From that partial summary judgment,
the contractor now appeals.
The Architect/County Contract
contract between the architect and the county outlined the
architect's role as "CONSULTANT SERVICES FOR
MISCELLANEOUS PROFESSIONAL ARCHITECT, ENGINEER, AND INTERIOR
DESIGN SERVICES." The contract designated the architect
as a "Consultant." Article 10.20 declared the
parties' intent not to "create any rights or
obligations in any third person or entity under this
Article 3, the "SCOPE OF SERVICES/TASKS/PHASES,"
the architect was responsible for: (1) visiting the site and
attending construction events and meetings regularly; (2)
conducting joint observations of the work with the county;
(3) informing the county of the progress and quality of the
work; (4) managing administrative records outlined in the
contract; (5) assisting the county in determining the amounts
owed to the contractor; and (6) certifying the
contractor's evaluation for payment.
architect was to:
(1) interpret and give recommendations on disputes arising
between the ...