Topic: Contracts

Who Owns the Instruments of Service?

It is not uncommon for clients to request ownership of your plans and specifications.  Corporate clients often assume they will somehow be of future value. Educational clients think they can create a database of project information that will help them reduce future costs.  Agencies of government reason that the public, having paid for your services,…

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Project Documentation: To Write or Not To Write

In suits alleging negligence in the performance of professional services, well-drafted documents and well-kept, comprehensive records are the strongest defensive weapons available to professionals.  The following practices and procedures can be vital to a firm’s continued profitability in the face of costly litigation. Planning phase Put all agreements for the performance of services in writing,…

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Lender Assignment and Certification Requirements

In today’s economic climate, more and more, architects are being asked to address client issues relative to financing, assignment and certification.  Every architect should be knowledgeable on these issues and approaches. When a client insists on assigning contractual rights to a lender that requires consent and certification of project information, most of the resulting issues…

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Protecting Your Firm When Going Green

In order to protect your firm, contractual provisions such as disclaimers and other exculpatory language need to be carefully worded.  Firms should assess the risk of project-specific provisions and work with local legal counsel to craft them appropriately.  This is especially true when the provisions include any waiver of claims, requirements for a legal defense,…

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