The AIA Trust white paper about the evolving standard of care is a topic of vital interest to AIA Members. The standard of care is the prevailing benchmark of professional practice in architecture and design and the threshold of protection under professional liability insurance. The design professional’s standard of care is generally based on the…
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The shared-risk/shared-profit collaborative nature of Integrated Project Delivery results in many aspects of the relationship being defined contractually. But it is unclear how courts will construe the provisions of multi-party agreements with extensive waivers of rights, unusual limitations on risk, and blurring of responsibilities. The delivery system, with its emphasis on contractual liability rather than…
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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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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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Every firm has documents that should be destroyed, not simply discarded. Documents must be destroyed because firms need to maintain confidentiality when dealing with employee, client or business records that contain personal or proprietary information. Furthermore, firms need to develop a formal document destruction policy that includes a schedule that is adhered to consistently. Every…
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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…
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Professional service firms need to set appropriate fees for their services and collect those fees to stay profitable. Regular billing and follow-up will open communication about a client’s concerns that could otherwise lead to a fee dispute. Implementing billing controls can minimize the risks that come with trying to collect on an unpaid invoice. Enforcing…
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Victor now offers a premium credit for your CNA professional liability insurance—an up-front reduction of 5% in the cost of insurance—for firms with good claims records that can show they meet certain risk mitigation criteria in their current practice management procedures. The credit is available to all but the largest firms insured in the Victor…
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