Errors are contained in the specifications and drawings prepared for a government tender package, and the successful tenderer suffers losses as a result and sues, what is the most likely outcome for the professional firm?

Errors are contained in the specifications and drawings prepared for a government tender package, and the successful tenderer suffers losses as a result and sues, what is the most likely outcome for the professional firm?

• A. Not liable
• B. Liable for strict liability
• C. Liable for negligence
• D. Liable for breach of contract

Answer: (C)

Professionals owe a duty of care to those who rely on their work, and the standard is to perform with reasonable skill and diligence. When errors creep into drawings or specifications and someone relies on them to their detriment, the professional’s liability typically arises in negligence because there was a duty of care, a breach of that duty by not meeting the professional standard, and damages that were reasonably foreseeable as a result. In this scenario, the government tender package is prepared for use by bidders and the client, and the successful tenderer suffering losses due to the errors is a classic setup for a negligent misperformance claim. Strict liability would apply only in situations involving liability without fault (often in different contexts), not in ordinary professional practice. Breach of contract would require a direct contractual relationship and a specific contractual failure; while that can be a path in some cases, the usual and most appropriate basis here is negligence.

Professionals owe a duty of care to those who rely on their work, and the standard is to perform with reasonable skill and diligence. When errors creep into drawings or specifications and someone relies on them to their detriment, the professional’s liability typically arises in negligence because there was a duty of care, a breach of that duty by not meeting the professional standard, and damages that were reasonably foreseeable as a result. In this scenario, the government tender package is prepared for use by bidders and the client, and the successful tenderer suffering losses due to the errors is a classic setup for a negligent misperformance claim. Strict liability would apply only in situations involving liability without fault (often in different contexts), not in ordinary professional practice. Breach of contract would require a direct contractual relationship and a specific contractual failure; while that can be a path in some cases, the usual and most appropriate basis here is negligence.