Are Design Professionals Liable for Nuisance? A Growing Debate in Construction Law

Design professionals, such as architects and engineers, are increasingly facing nuisance claims related to construction projects. However, Georgia courts have consistently ruled that these professionals lack the necessary control over construction sites to be liable for nuisances. Nuisance, defined under Georgia law as anything causing harm, inconvenience, or interference with property enjoyment, requires a defendant to exert control over the source of harm.

The Court of Appeals of Georgia clarified this principle in cases like McLendon & Cox v. Roberts, where a landscape architect faced a nuisance claim over stormwater runoff. The court determined that, as the architect had no control over the property, the claim must instead sound in professional negligence and include an expert affidavit as mandated by Georgia law. This interpretation shields design professionals from nuisance liability when they merely provide project designs without managing construction.

Given increasing trends in litigation over issues like stormwater runoff, plaintiffs may continue targeting design professionals. However, legal defenses will likely hinge on emphasizing the absence of control and redirecting claims to professional negligence.