The practice of architecture can be extremely rewarding. But like any profession, the practice of architecture must include attention to a host of various business and legal issues. For many architects, dealing with the myriad of requirements and the complexities they impose can be challenging, and there is a related subject that is often overlooked–ethics.…
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Beat the Rap! Exonerate Yourself with Effective Documentation
The compelling risk report, Guilty Until Proven Innocent: Claims Defense Documentation, addresses documentation by the architect, centering on the presumption, “If it’s not written down, it didn’t happen.” The paper is a guideline for managing your documentation with helpful suggestions for beneficial recordkeeping and documents retention and retrieval for an effective claims response in the…
Read MoreDon’t Shoot Me, I’m Only the Architect
The risk report, Bulletproof Contract Administration: Managing Risk during Construction, addresses documentation procedures that can be advantageous in managing risk during the construction phase. Although considered cumbersome in this often complex phase of services, the suggestions put forth can serve as valuable defense documentation in the event a claims bullet is fired. Beginning with the…
Read MoreHasta la Vista, Baby: Contractor Termination Lawsuits
When the terminator shows up, you must be ready. Termination of the contractor on a project almost always guarantees a lawsuit, and the architect is often among the casualties. The risk report, Contractor Termination Lawsuits: The Architect’s Risks and How to Manage Them, addresses why the architect is often sued when a project goes wrong,…
Read MoreLive Long and Prosper
The risk report, BIM Me Up, Scotty: Navigating Risk in Digital Practice, is your chance to get the inside on preemptive risk management for your digital travels. It is an opportunity to gain insight for managing your practice so that you can put up your deflector shields to guard against incursions from the litigious Borgs…
Read MoreI’m Responsible for Them?
One of the most important defenses in any professional liability lawsuit is that an architect is not responsible for losses of a person who has no contract with the architect such as a general contractor or sub-contractor on a project. The legal term is that the architect and the third party do not share “privity…
Read MoreA Sustainable Standard of Care?
We live in an age of ever-accelerating change and “advancement”. On the one hand, technological advancement provides the lure and expectation of increased opportunities and efficiencies. However, those new technologies, products, and approaches present an increased potential for failure and disappointment. Design professionals are constantly expected to find new ways of building projects better, faster,…
Read MoreShould You Assume a Duty to Defend?
What should you do when your client wants you to assume a duty to defend the client in any claim brought against him or her relating to your professional services? And how do you avoid this unduly burdensome risk? Agreeing to defend another party, generally, an owner or developer against a covered third-party claim, means…
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Risk Management Webinars
Risk management education is key to managing a successful firm—and utilizing risk management webinars on critical topics is an indispensable approach. The longevity of an organization doesn’t happen by chance. It is the result of careful planning that includes proactive risk management. Client loss prevention and risk management services are an integral part of the…
Read MoreAvoid Overtime Penalties
Are you clear on the federal pay rules for compensating overtime correctly so your firm isn’t confronted with audits, back pay, and fines? Paying employees overtime pay can be an expensive proposition. Under the Department of Labor (DOL) rules, businesses are not required to pay an employee overtime if the employee is considered “exempt” from…
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