2.2: Identify Practice Policies and Methodologies for Risk, Legal Exposures, and Resolutions Flashcards
AIA A201
The general conditions of the contract for construction, this document sets the rights and responsibilities of the owner, architect, and contractor. It’s referenced by contracts for construction as well as the architect’s contract with the owner.
Arbitration
A form of dispute resolution in which an arbitrator (or panel of arbitrators) evaluates the arguments of each party to the dispute and then gives their decision.
Architectural Works Copyright Protection Act
A law enacted in 1990 which protects the representation of architectural ideas in graphic or built form.
Basic Services
The set of services that an architect provides that are outlined in AIA B101 article 3, such as SD, DD, CDs, bidding and negotiation support, and contract administration.
Client’s representative
A person or company authorized to act on behalf of the client.
Contingency
A contractual provision to account for the possibility of uncertain future events, such as natural disasters or other calamities.
Copyright
The exclusive right to a work of authorship, such as architectural drawings. When talking about the architect’s instruments of service, the architect owns it and grants their client a license to use their instruments of service to produce the project once.
Cost of the Work
The architect’s estimates at the end of each design phase is based on this definition found in AIA B101 - it includes everything that the owner spends to build the project, except things like the architect’s fee, financing, owner’s contingency, and the purchase price for the parcel of land that the project sits on.
Instrument of Service
A broad term describing everything that the architect prepares during the design of a project, including drawings, specifications, and physical models. These can be in either printed, physical, or digital format. It is defined in AIA A201, article 1.1.7 and used numerous times in AIA B101.
Litigation
Formal legal action, up to and including bringing a case to court.
Mechanic’s lien
A legal encumbrance placed on a property, in the form of a security interest in the title to the property, which is available to any person who has worked to improve the property. They are used by workers to compel property owners to compensate them for their labor, and are usually filed if the owner defaults on those payments.
Mediation
A non-binding dispute resolution technique where the two parties in a dispute meet with a neutral third party to attempt to resolve the issue. This dispute resolution method is often required in contracts as a precedent to moving to binding dispute resolution methods.
Negligence
Lack of exercising due care in a particular situation, this is a common claim made against architects relative to their professional conduct. Four components are required to be found - that a duty was owed, that duty was breached, the breach caused an event, and the event resulted in damage.
Risk management
Strategies and processes used to minimize the probability and severity of an unfavorable outcome at the lowest long-term cost.
Stakeholder
Any person or group with a concern in the project. This could include design or construction input, financial backing, or any other kind of influence.
Standard of Care
A measurement against which professional negligence is judged, this clause in owner/architect contracts defines how well an architect will perform their work. It compares the architect’s work to what another prudent professional, practicing in the same area and facing the same circumstances, would do.
Supplemental Services
Services that an architect could provide if agreed to before signing the agreement with the owner, such as programming, value analysis, and architectural interior design.
Suspend (contractual term)
A contractual term in the AIA B101 that allows the owner or architect to put the project on hold for a period of time. This provision is covered in article 9 of the B101.
Terminate (contractual term)
A contractual term in the AIA B101 that allows for either the architect or the owner to end the contract. The architect can only do so under certain circumstances, such as non-payment, but the owner may do so for convenience as well as non-performance on the architect’s part. This provision is covered in article 9 of the B101.
Trademark
A type of intellectual property that protects a logo, symbol, or phrase that describes a company; this must be registered with the government in order to protect your exclusive rights to the symbol or phrase. Architects should consider registering this to protect their firm name and logo so that competitors cannot create similar looking or sounding firms, which may confuse potential customers.
