Many architectural firms are tempted into believing they’re safe from cyberattacks because they don’t consider their data to be “sensitive” enough to attract criminals. Cybercriminals are sophisticated, deliberate and efficient in how they monetize their efforts. If you use the internet for any reason – even if just for basics such as email, submitting invoices…
Read MoreTopic: Professional liability
Relying on Manufacturer Representations
One of the issues faced increasingly by design firms is whether they have a right to rely on the information provided by manufacturers of products, materials, and systems. The standard of care states that if the reliance of the design firm on a manufacturer’s information or representations is reasonable at the time of the design…
Read MoreControlling Delays or Extras to Focus on Success
Contractors and clients frequently make claims against design professionals for damages resulting from construction delays. These delays may include claims for extra compensation allegedly arising from changes in the work caused by errors or omissions in the plans and specifications. The defense of these claims often involves an expensive team of analysts, consultants, experts, and…
Read MoreProfessional Liability Uncategorized
Green Design: What Can Go Wrong?
A new AIA Trust paper about the potential impact of the green design movement on the architect’s standard of care explores new risks and legal theories associated with green design and offers two case studies.
Read MoreAn Architect’s Guide to P3s
Federal, state, and local governments in the United States see Public-Private Partnerships (P3s) as a means to implement critical infrastructure improvements, such as improved public roads, highways, and bridges, and construct municipal improvements, such as courthouses, airports, and higher education residential facilities, when they have no immediate way to fund them. While benefits abound for…
Read MoreThe Smokey Haze Around Marijuana Facilities Design
In April 2018, the AIA Trust published The AIA Trust Guide to Marijuana Facilities Design which examines some of the necessary design considerations as well as the potential legal risks that a design professional may face in light of conflicting state and federal legal requirements. As these requirements continue to evolve, so do issues that…
Read MoreAn Architect’s Guide to P3s
By Robin G. Banks, Esq. Licensed to practice law in Maryland and DC, Robin G. Banks focuses her practice on construction law, representing design professionals and other industry participants in contract drafting and negotiation and design and construction related disputes. She serves as Associate Outside Counsel to the AIA Contract Documents Committee and is an…
Read MoreProtecting Your Practice from Others’ Negligence
When a design professional agrees to provide services for a client, that design professional assumes the same level of responsibility for those services whether they are performed directly by the design professional or by a consultant. Design professionals often must rely on the services of consultants who are not a part of the design team…
Read MoreGreen Design – What Can Go Wrong?
Over the last 25 years, the green design movement has grown but fortunately, despite predictions, there has not been a flood of litigation nor a drastic change in the design professional standard of care. This paper explores the potential impact of new risks and legal theories associated with green design along with two case…
Read MoreWalking the Thin Line on Indemnification
With increasing frequency, architects and other design professionals are being asked (and in some cases, even required) to sign agreements in which they undertake to indemnify their clients against any loss that the clients may suffer in connection with projects for which the design professionals have provided services. In some cases, the indemnification clause is…
Read MoreWalking the Thin Line on Indemnification
