It seems that during each cycle of the state legislative sessions, efforts are made either to expand or reduce the business and professional liability exposures faced by construction-related professional service firms. In some instances, under the overall rubric of “tort reform,” efforts are made to redefine exposure and channel liability. Some efforts are highly beneficial…
Read MoreTopic: Contracts
Can a Design Professional Be in Absolute Compliance with the Law?
There are two kinds of clients who insist in a contract that a design professional absolutely comply with laws, regulations, codes, ordinances, standards and a plethora of other business and design constraints. First there is the client who, perhaps with strained incredulity, asks “Do you mean to tell me that you do not intend to…
Read MoreWho 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,…
Read MoreProject 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,…
Read MoreLender 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…
Read MoreProtecting 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,…
Read MoreBuilding Information Modeling and the Transition to Integrated Project Delivery
In its most basic form, building information modeling (BIM) is the move from analog to digital design and construction. It is a model-based technology linked with a database of project information. It is poised to fundamentally change the way projects are built and the way the project stakeholders communicate with each other. And while BIM…
Read MoreBuilding Information Modeling and the Transition to Integrated Project Delivery
