Analysis of Legal Issues and Solutions Regarding Contractual Disputes in Architectural Projects With an Approach to Disputes Between the Architect and the Structural Engineer

Abstract

Architectural projects, as one of the most complex technical and artistic processes in the construction industry, are always subject to contractual disputes among various professionals, including the architect and the structural engineer. The multidimensional nature of these projects and the convergence of economic, aesthetic, and technical interests create the basis for conflicts in interpreting the provisions of the contracts and the limits of the parties' authority. This research aims to analyze the legal aspects of contractual disputes between the architect and the structural supervisor and to provide practical and legal solutions to reduce such disputes, using a descriptive-analytical method and document analysis. In this regard, while examining Iranian laws and regulations, including the Civil Code, the Executive Regulations of the Engineering and Building Control System, and arbitration procedures in construction contracts, weaknesses in contract preparation and implementation have been identified and analyzed. The findings show that the lack of transparency in defining the limits of responsibility, the lack of uniform contractual models, and the weakness of legal training for architects and supervisors are among the main factors that cause disputes. Finally, solutions such as drafting standard contracts, forming specialized arbitration committees, and strengthening professional legal training are suggested.