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Court of Santa Catarina Acquits Architect from Joinville for Failures in Work Altered Without His Authorization; Expert Confirmed That Problems Were Caused by Modifications Made by Third Parties
The 5th Civil Chamber of the Court of Justice of Santa Catarina decided to exempt an architect from Joinville from liability for failures in a work remodeled without his authorization. The professional had only been hired to prepare the architectural project and did not participate in the execution.
The work was completed in 2017, but underwent changes made by the plaintiff and the executor of the renovation. These changes included the type of roofing and internal and structural modifications.
The plaintiff claimed that, after the changes, defects such as leaks, water damage, and damage to walls and ceilings emerged, rendering the property uninhabitable.
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A technical expert analysis conducted in the process indicated that the structural problems were a direct consequence of the changes made without the architect’s knowledge.
According to the expert, the professional did not participate in the execution and only clarified specific doubts, without technical involvement in the reported problems.
The rapporteur of the case highlighted Article 621 of the Civil Code, which prohibits the owner of the work from modifying the original project without the author’s consent.
He also emphasized that the fact that the architect is the designer is not enough to attribute him responsibility for errors arising from unauthorized alterations.
“It is concerning to hold him jointly responsible when it has been conclusively proven in the records that there were substantial modifications to the original project without his full knowledge and approval,” stated the rapporteur.
During the process, the architect admitted to having made suggestions regarding finishes, but the court understood that this does not make him responsible for the structural failures. There was no evidence that he approved or participated in the changes made.
With the new decision, the TJ-SC overturned the previous sentence and removed the conviction of the architect. The responsibility for paying the compensation of R$ 183.9 thousand for material damages and R$ 5 thousand for moral damages was maintained only for the executor of the work.
With information from Conjur.
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