Texas Architect Insurance: What To Know

If you are practicing architecture in the Lone Star State, you already know that Texas does things differently. But beyond the unique climate and soil conditions, Texas presents a legal landscape for design professionals that is entirely its own.

For firm owners, understanding liability in Texas isn't just about compliance—it’s about survival. The state offers a unique "grand bargain" to architects: it provides some of the strongest statutory protections in the country, but it counterbalances them with rigorous standards of care and a market that often demands you sign away your rights in a contract.

Whether you are starting a new firm in Austin or managing a large practice in Dallas, here is everything you need to know about navigating risk and insurance in Texas.

Get A Quote For Your Architect Firm

Same-day quotes from leading specialty insurers

Get A Callback

Online Quote

Get A Callback from an insurance expert in 28 seconds or less. Seriously.

Open 8:00 A.M. - 5:00 P.M. Central

What Kind of Business Do You Need Coverage For? *- Select an option -Commercial & Residential Real EstateContractorsAutomotive and GaragesRestaurants & Food ServiceRetailPersonal Care ServicesTechnologyService BusinessesOutpatient HealthcareProfessional ServicesManufacturingWholesalers and DistributorsPrinters & PublishersPet Care ServicesMobile WeldersFinancial ServicesNon-ProfitSomething Else

Phone Number *

InternationalAfghanistanÅland IslandsAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntigua and BarbudaArgentinaArmeniaArubaAscension IslandAustraliaAustriaAzerbaijanBahamasBahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBoliviaBonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBrazilBritish Indian Ocean TerritoryBrunei DarussalamBulgariaBurkina FasoBurundiCambodiaCameroonCanadaCape VerdeCayman IslandsCentral African RepublicChadChileChinaChristmas IslandCocos (Keeling) IslandsColombiaComorosCongoCongo, Democratic Republic of theCook IslandsCosta RicaCote d'IvoireCroatiaCubaCuraçaoCyprusCzech RepublicDenmarkDjiboutiDominicaDominican RepublicEcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEthiopiaFalkland IslandsFaroe IslandsFederated States of MicronesiaFijiFinlandFranceFrench GuianaFrench PolynesiaGabonGambiaGeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHoly See (Vatican City State)HondurasHong KongHungaryIcelandIndiaIndonesiaIranIraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKosovoKuwaitKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall IslandsMartiniqueMauritaniaMauritiusMayotteMexicoMoldovaMonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew CaledoniaNew ZealandNicaraguaNigerNigeriaNiueNorfolk IslandNorth KoreaNorth MacedoniaNorthern Mariana IslandsNorwayOmanPakistanPalauPalestinePanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugalPuerto RicoQatarReunionRomaniaRussiaRwandaSaint BarthélemySaint HelenaSaint Kitts and NevisSaint LuciaSaint Martin (French Part)Saint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint MaartenSlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSvalbard and Jan MayenSwazilandSwedenSwitzerlandSyriaTaiwanTajikistanTanzaniaThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTristan da CunhaTunisiaTurkeyTurkmenistanTurks and Caicos IslandsTuvaluUgandaUkraineUnited Arab EmiratesUnited KingdomUnited StatesUruguayUzbekistanVanuatuVenezuelaVietnamVirgin Islands, BritishVirgin Islands, U.S.Wallis and FutunaWestern SaharaYemenZambiaZimbabwe

Get A Call →By submitting this form, you agree to the LandesBlosch Privacy Policy.

The Core Risk: Perfection vs. Negligence

The single biggest risk for Texas architects comes from a misunderstanding of the Standard of Care.

Under Texas common law, you are not required to be perfect. You are not required to guarantee that your drawings are flawless. You are required to perform with the "professional skill and care ordinarily provided by competent architects practicing under similar circumstances." This is a negligence standard.

The "Perfection" Trap

The danger arises when you sign a contract that elevates this standard. Clients often insert clauses demanding:

• "Highest standards of the industry"
• "World-class design"
• "Best practices"
• Warranties that plans will be "free from defects"

The Risk: If you agree to this language, you are contractually raising your duty above the law. If a mistake happens that a "reasonably prudent" architect might have made, you could be sued for breach of contract. Crucially, your Professional Liability Insurance (PLI) generally excludes liability assumed by contract that exceeds the normal negligence standard. If you promise perfection, you might be paying for the lawsuit out of your own pocket.

Why Texas is Unique (The Pros & Cons)

Is Texas a tough state for architects? It depends on how well you know the rules. The state provides massive protections against frivolous lawsuits, but the aggressive construction market creates significant swords.

The Protections (Why it's Good)

• The Gatekeeper (Chapter 150): Texas has a powerful "Certificate of Merit" statute. A plaintiff cannot sue an architect unless they file a sworn affidavit from a similarly licensed architect attesting that the claim has merit. This filters out frivolous lawsuits immediately.
• The Economic Loss Rule: Thanks to the landmark LAN/STV decision, General Contractors generally cannot sue you directly for "purely financial losses" (like delays) if they don't have a contract with you. This "contractual silo" prevents you from being the target of every subcontractor who loses profit on a job.

The Liabilities (Why it's Tough)

• Aggressive Indemnification: Because the law limits third-party suits, owners often try to force architects to sign broad indemnification clauses to shift all risk back onto the design team.
• The Long Tail: You are on the hook for a long time. For commercial projects, the Statute of Repose is 10 years. While a recent law (HB 2024) reduced this to 6 years for certain residential projects (if the builder provides specific warranties), you generally need to maintain records and coverage for over a decade.

The Policies You Need

A common mistake for new firms is confusing the two main types of coverage. You need to know the difference to avoid coverage gaps.

Professional Liability / Errors & Omissions

This is your primary insurance policy. It covers damages caused by your negligence in professional duties (design, advice, contract administration).

What it covers: Design errors (e.g., undersized beams), omissions (forgetting flashing details), and most importantly, defense costs (attorneys' fees).

Key Feature: Look for "Rectification Coverage" or "Pre-Claim Assistance Coverage" offered by premium carriers, this pays to try to mitigate or fix a claim before it becomes a lawsuit.

Commercial General Liability (CGL)

This covers "slips and trips."

What it covers: Bodily injury or property damage arising from non-professional acts. If a client visits your office and slips on a wet floor, this policy pays.

The Trap: CGL policies contain a "Professional Services Exclusion." They will not cover a building collapse caused by a bad blueprint.

Top Insurance Carriers for Texas Architects

The Texas market is robust. Based on financial stability and claims handling, here are the top carriers to consider:

4 Risk Management Tips & Tricks

1. Strike the "Duty to Defend"

Prior to 2021, owners would force architects to sign contracts requiring them to pay the Owner’s legal fees ("defend") immediately upon a claim.

The Fix: Texas Chapter 130 now declares these clauses void in most architect contracts. You cannot be forced to defend an owner for their own negligence. Cite Chapter 130 to strike these clauses from your contracts.

2. Watch Your Words: "Inspection" vs. "Observation"

In the tragic case of Black + Vernooy v. Smith, an architect was found not liable for a balcony collapse that injured guests.

Why? The contract said the architect would "observe" construction, not "control" or "inspect" it. Because the architect didn't control the contractor’s work, they owed no duty to the third-party guests.

The Lesson: Never sign a contract that gives you "control" over the site or safety. Stick to "observation."

3. The TDLR Trap

Don't forget the Texas Accessibility Standards (TAS). Unlike negligence, TAS compliance is often treated as strict liability. Even if you aren't sued, the Texas Department of Licensing and Regulation (TDLR) can fine you heavily for failing to submit plans for review or missing accessibility requirements.

4. The 12-Year Rule

The Statute of Repose is 10 years, but if a claim is presented in the 10th year, the deadline to sue can extend for 2 more years.

The Tip: Adopt a document retention policy of 12 years for all project records, emails, and field reports. You don't want to be defenseless because you shredded the evidence in year 11.

Conclusion

Texas creates a high-stakes environment for architects. The protections are strong, but the contracts are tough. By carrying the right Professional Liability Insurance, partnering with a specialized broker, and keeping "perfection" clauses out of your contracts, you can build a thriving practice that stands the test of time.