Why doesn't the owner sue the structural engineer directly?

• A. The owner has a contract with the architect, not the engineer.
• B. The engineer is not liable to the owner.
• C. The owner is required to sue the contractor first.
• D. The engineer's liability is insured.

Answer: (A)

The key idea is who the owner has a contract with and who carries the primary duty for the design work. In this typical arrangement, the owner hires the architect to lead the project and coordinates all design services, including the structural engineer who is a subconsultant under the architect. Because the owner didn’t contract directly with the structural engineer, there’s no privity between the owner and the engineer. That means the architect is the contractually responsible party to the owner for design services, and the owner would pursue remedies against the architect. The architect, in turn, can seek recourse from the engineer under their subconsultant agreement. So the owner doesn’t sue the engineer directly because the contract and primary liability flow through the architect, not the engineer.