The Supreme Court upheld the Madrid Provincial Court's decision on a case in which an architect was held liable for damage to the façade of a building due to a poor choice of materials during a refurbishment. It was confirmed that the architect in charge of the project is liable for defects in planning, including the selection of materials, beyond errors in execution. This establishes that his duty covers not only the execution, but also the planning, according to the Ley de Ordenación de la Edificación. In addition, the possibility was mentioned that the responsibility could have been shared with the project manager if he had been involved in the errors during the execution of the project.
In summary, the court decision confirmed that the architect's responsibility falls within the scope of the Ley de Ordenación de la Edificación, covering both execution and planning, including the selection of materials. In addition, it noted the possibility that the execution director could share responsibility if he had been involved in errors during the execution of the project.
