The AIA Trust published two risk reports to their website, one exploring the risks associated with contractor terminations and the other about the risks associated with design/build teams.
Contractor Termination Lawsuits: The Architect’s Risks and How to Manage Them, a risk report authored by Bryan Hale, Esq., is aimed at helping architects understand the variables when an owner declares a contractor in default of a construction contract. These variables include the parties likely to sue the architect, the claims likely to be made by particular parties, the stages of a construction project most likely to foster disputes, and the legal defenses available to the architect.
The new risk report, To Have and to Hold, in Sickness and in Health: Strategies for Managing Risk on Design/Build Teams by Jonathan C. Shoemaker, is aimed at helping members understand the risks associated with participating on a design-build team in order to better assess and manage these risks. By considering how to choose the right partner, how to determine the right contractual structure for the design-build team, and how to manage the risks allocated to the design professional, the prudent architect will be better equipped when considering the pros and cons of participating in a design-build team.
The AIA Trust wants AIA members to gain a better understanding of defensive measures that they can employ in their practices and their contracts to lessen risk, avoid liability, and limit exposure.