DAVIDSON AND JONES, INC., Plaintiff and Third-Party-Plaintiff,
v.
COUNTY OF NEW HANOVER, Defendant, and
Frank I. Ballard, Herbert P. McKim and Robert W. Sawyer, t/b/a Ballard, McKim & Sawyer; Waff Brothers, Inc., Raymond International, and Soil & Material Engineers, Inc., Third-Party-Defendants, and
Robert E. Lasater and Robert P. Hopkins, t/b/a Lasater-Hopkins, Additional Third-Party-Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
June 19, 1979.
June 19, 1979.
Attorney(s) appearing for the Case
Manning, Fulton & Skinner by Charles L. Fulton, Raleigh, Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for plaintiff.
Granville A. Ryals, Wilmington, and Maupin, Taylor & Ellis by W. W. Taylor, Jr., Raleigh, for Waff Brothers, Inc., third-party defendant appellant.
Crossley & Johnson by John F. Crossley, Wilmington, for Raymond Intern., third-party defendant appellant.
Reynolds & Howard by E. Cader Howard, Raleigh, for Soil & Material Engineers, Inc., third-party defendant appellant.
Hogue, Hill, Jones, Nash & Lynch by David A. Nash, Wilmington, for Ballard, McKim & Sawyer, third-party defendant appellee.
Young, Moore, Henderson & Alvis by J. C. Moore, Jr., Raleigh, for Lasater-Hopkins, additional third-party defendant appellee.
Trotter, Bondurant, Griffin, Miller & Hishon by Luther P. Cochrane and John F. Elger, Atlanta, Ga., Miller, Johnston, Taylor & Allison by John B. Taylor, Charlotte, for Associated Gen. Contractors of America, Carolinas Branch, amicus curiae.
Wade M. Smith and Steven L. Evans, Raleigh, for North Carolina Chapter of the American Institute of Architects, amicus curiae.
Court of Appeals of North Carolina.
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...
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