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Design Professionals, Litigation, and Architectural Surety Lyman Sandy Miller, Stratvert, Torgerson & Schlenker ABSTRACT This paper will first of all discuss in a general fashion how the American legal system approaches questions of liability for personal injuries. It will then summarize various approaches to defining the legal duties of design professionals (architects and engineers). Next it will discuss how, using these various legal concepts, courts might view issues of design failure resulting from natural disasters or terrorist attacks. Finally, it will consider the legal implications of performance-based codes, and suggest steps whereby design professionals might attempt to limit potential liability.
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