Short answer
A subconsultant claim often lands on the prime architect first, because the owner hired the architect and not the MEP or structural engineer. Owners tend to sue the firm they have a contract with. The subconsultant’s agreement can then pull the sub into the matter too. Report to your carrier early, whether you are the prime or the sub. How your policy responds depends on its wording and the contracts involved.
Why a subconsultant claim reaches the prime first
An owner who has a problem with the HVAC or the structure rarely knows the name of the engineer who designed it. The owner’s contract is with the architect, so the complaint goes there. The architect may believe the sub’s design met code and may be right. The claim still often lands on the prime first.
The subconsultant agreement then matters a great deal. It can include indemnity language, insurance requirements and notice duties. A sub that wasn’t named in the complaint may still be pulled in through those terms.
The scenarios below are anonymized composites based on real claim files. Project types and details have been changed.
Four scenarios involving a subconsultant claim
Scenario A: Not enough air on the hottest days
An owner complained that the HVAC system didn’t keep up in extreme heat. The architect believed its MEP subconsultant had met code standards. The sub’s own insurer was already discussing settlement.
The architect still reported to its carrier, about 11 days later, and struggled to find the carrier’s claims contact. Keep your carrier’s claims reporting details somewhere easy to reach, so a delay doesn’t come from searching for them.
Scenario B: A peer review on a phased project
On a phased institutional project, the contractor’s subcontractors said the mechanical system was oversized and too expensive. The architect got a third-party peer review within a day and reported the matter as its own circumstance within a week. Nobody had alleged negligence.
Reporting a questioned design, even when the sub did the work, can put the matter on record under your current policy.
Scenario C: The sub who wasn’t named
A restaurant owner made a negligence claim against the prime architect. The architect notified all of its subconsultants. A small engineering sub asked whether it should report even though it wasn’t named. It did.
The carrier asked for the subconsultant agreement and flagged its reciprocal indemnity clause. The file is open but quiet.
Subs can read this as a prompt to check their own indemnity language when a prime receives a claim.
Scenario D: A delayed opening where MEP was blamed
A medical building failed its second state health inspection, and the owner lost money from the delay. The architect reported before any demand and said the inspection failures were mostly MEP and construction issues.
The owner still dealt with the architect first. Pointing to another party’s scope doesn’t prevent the claim from starting with the prime.
What primes and subs can do
If you are the prime architect:
- Keep signed subconsultant agreements on file for every project
- Require subs to carry professional liability insurance and send you certificates
- Notify your subconsultants when you receive a claim
- Report early, even if you believe the sub’s work met code
If you are the subconsultant:
- Read your indemnity clause before a claim arrives
- Report to your own carrier when your prime receives a claim, even if you weren’t named
- Send your carrier the subconsultant agreement when asked
For both:
- Don’t start work before the contract is signed. In one file, a phase began months before the agreement was executed, which can leave questions about what terms applied.
Our professional liability page explains how these policies respond, and our risk management page covers contract practices.
Related questions
Can an owner sue the architect for a problem the MEP engineer caused?
Yes. The owner’s contract is usually with the architect, so the claim often lands on the prime first. Whether the architect is ultimately responsible depends on the facts, the contracts and applicable law.
Should a subconsultant report a claim it wasn’t named in?
Many subs choose to, as in Scenario C. Review your policy’s notice requirements and your agreement with the prime, or ask your agent.
Why do subconsultant agreements matter after a claim?
Carriers often ask for them. They can contain indemnity clauses, insurance requirements and notice duties that affect how a claim is handled.
Should I require my subconsultants to carry professional liability insurance?
Many primes do, and ask for certificates. Requirements vary by project and contract, so ask your agent what fits your agreements.