Davidson & Jones, Inc. v. County of New Hanover

ERWIN, Judge.

Architects’ Liability

The question before us is whether in the absence of privity of contract an architect may be held liable to a general contractor and his subcontractors for economic loss resulting from breach of a common law duty of care. We answer, “Yes.”

The law imposes upon every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence. Council v. Dickerson's, Inc., 233 N.C. 472, 64 S.E. 2d 551 (1951); Stroud v. Transportation Co., 215 N.C. 726, 3 S.E. 2d 297…