As a risk management resource for AIA Members, the AIA Trust develops risk reports on topics of critical and evolving risks for architects. Some of these risks you may be aware of—and some may never have crossed your mind. Either way, it’s important to be able to recognize them so you can at best avoid them and at the least, manage them effectively.
Don’t have time to read the full report? Read the synopses first to find out important facts–and consult the reports for more details as needed.
ADA & FHA
Disability, Accessibility & Liability: What an Architect Should Know, provides an overview of ADA and FHA violations that architects can be sued for, identifying pitfalls and preventative measures to avoid or address a lawsuit.
Navigating Risk in Digital Practice, explores BIM as a central platform for services delivery and including examples of a protocol manual, contractor agreement and execution checklist.
Bulletproof Contract Administration: Managing Risk During Construction, offers a useful approach to CCA activities and documentation, outlining activities and documentation, including sample checklists to improve risk exposure.
If You Build it, They Will Sue–A White Paper on Condominium Projects, provides an overview of potential future claims, lawsuits and liability to along with important steps to proactively address concerns and mitigate risk.
Contractor Termination Lawsuits: The Architect’s Risks and How to Avoid Them, helps to identify the parties that sue architects and their rationale to help lessen risk, avoid liability and limit exposure.
Strategies for Managing Risk on Design/Build Teams, explores the risks associated with participating on a design-build team to better understand, assess, and manage them.
Guilty Until Proven Innocent: Claims Defense Documentation, covers the ground rules for documentation, including requirements of all parties and meetings, checklists, and document retention and retrieval protocols.
The ABC’s of E-Data, A Discussion Related to the Issues Raised by Electronic Information, provides an overview of the types of electronic data and important liability issues related to the rules of discovery, including the handling of Metadata and steps to help ensure appropriate management of e-data to minimize risk.
LeMessurier Stands Tall: A Case Study in Professional Ethics, emphasizes ethical duties as told through a structural engineer’s story, with particular attention to public safety.
Undertaking A “Fiduciary Duty”: Crucial Legal & Professional Considerations for Architects, outlines how to avoid the “fiduciary” label, especially at the contracting stage, thereby avoiding lawsuits for this potentially dangerous claim.
Selling, Merging, Or Closing Your Practice? outlines the myriad of financial and personnel considerations and consequences to guide the most suitable course of action for transitioning firm ownership.
Strangers No More? Trends in the Architect’s No Privity Defense explores expanded causes of action even without privity of contract, the status of the privity defense law for architects, and practical considerations to reduce risk.
Getting Paid Without Getting Sued, discusses how payment issues warn of potential future claims, identifying strategies for collection, funding, and client education, highlighting the importance of the contract and client selection.
Standard of Care
A Sustainable Standard of Care? Managing Evolving & Innovative Products, Processes & Performance Standards in Design Delivery, offers an overview of the challenges presented by technological advancement, increased expectations and potential for failure, with a framework to analyze the situation and tools to manage related risks proactively.