Architectural plans are an important part of building construction. Developers, builders, municipalities and homeowners often rely on architects to ensure buildings are safe.
There are now radon provisions in the BC Building Code and good reason to think radon is covered by New Home Warranty.
If architects overlook radon, they may face legal claims in contract or negligence by builders, contractors, or homeowners. Municipalities may also rely on Letters of Assurance from architects that say buildings comply with the Building Code.
If municipalities are sued over high radon, they may in turn make claims against architects.
Architects need to ensure they understand the Building Code provisions. They should take steps to ensure radon systems are designed into buildings. We also recommend that architects advise their clients to use C-NRPP- certified mitigators to ensure radon protection in new buildings.
Architects need to make sure buildings are tested to ensure there is no high radon, even if the Building Code is followed.
Click here to read a more detailed legal opinion entitled RADON: Rights and Liabilities in Construction Law which includes further information, resources, and legal analysis.