Professional Practice Flashcards
Standard of Care
providing a service that is equal to the standard in the area - doing the same thing another architect under the same conditions would do expected quality of service - determines if an architect is at fault
Why is a warranty not included in the contract?
you are creating a “guarantee” with a warranty - this creates an unacceptable level of risk and obligation. This would not be covered by professional liability insurance
the following phrases in a contract may void professional liability insurance
-as necessary
-as required
-Hold Harmless
-Indemnification
Standard AIA contracts are…
prepared for and by the AIA. these are the most common contracts used. Sections may be adjusted by a client or architect
Which building typology is most prone to litigation?
Condos
-expensive to build and own
-condo association - Lawyer’s on staff
-residential risks are higher in general
-clients not experienced with construction industry
emotional attachment to homes
What is the goal of Risk management
not about eliminating risk but about ASSESSING and MANAGING it
- understand the risk in a project and build it into the fee
-do not take every project
unknown clients, inexperienced owners, history of litigation = higher risk
Addendum
drawings that are issued after they have gone to bid but before a contractor/bid has been selected
Allowance
Providing a sum built into the contract to allow for something to be bought in the future for the project
- casework, appliances, specialty light fixtures
Change Order
occurs after the contract has been signed by the contractor when something needs to be changes
contractor, owner and architect must all agree and sign this
Underbidding
contractors can underbid and plan to request change orders so they can charge a premium
-unethical
-why there are requirements to be met when selecting bidders
Construction Change Directive
Architect will direct a contractor to change something
- usually happens when there is a dispute but the project needs to move forward as the dispute is managed (could be cost of a change order)
Design-Bid-Build
Traditional form of architecture/construction project
Architect > Bid > Contractor is selected
(CSP)
Linear, roles clearly defined
Architect + owner contract
Contractor + owner contract
takes a long time - the owner and architect want documents as correct as possible to minimize change orders
less expensive because its a final bid
not good if youre in a hurry
contractor cannot sue directly to architect here because they dont share a contract
Contractor responsibilities
-everything in the contract, no matter what, and nothing that isnt in the contract
Owner responsibilities
-responsible for everything needed that is NOT in the contract documents, even f the architect overlooked something
could be
-change order, site condition, asbestos, hazardous materials
Architect Responsibilities
(AIA contracts protect the architect)
-liable for not much
-responsible for a lot
-instruments of service (drawings, specs, models, etc)
-arriving on time
-being under budget
-coordination
Owner Responsibilities
What is on site
-geotech
-hazardous materials
-site conditions
-site boundaries, easements etc
-permitting/legal
-surveyors
-regulations, permitting and compliance
-traffic -
Paying contractor
Paying owners consultants
Change orders
With or without cause hiring and firing of architect
Contractor Responsibilities
everything in the contract (documents, specs, etc)
Architect Responsibilities
(AIA contracts protect the architect)
-liable for not much
-responsible for a lot
-instruments of service (drawings, specs, models, etc)
-arriving on time
-being under budget
-coordination
-administration
Architect Base Services (consultants)
Structural Engineer
MEP engineers
Architect Additional Services (Consultants)
Civil Engineer (sometimes hired by owner)
Landscape Architect
Security Consultant
Tech Consultant
Lighting Consultant
Acoustic Consultant
AV Consultant
Cost Estimator
Code Consultant
Sustainability Consultant
Contractor/Construction Manager (Consultants)
Plumber
Demolition Company
Subcontractors, etc
AIA B101 (owner-architect) insurance requirements
Automotive Liability Insurance
General Liability Insurance
Professional Liability Insurance
Workers Compensation Insurance
Employers Liability Insurance
Consultants are required the same insurance
AIA B101
owner-architect agreement
for design-bid-build
requires we consider environmentally responsible design alternatives
practice standard of care
keep to a schedule (on time and on budget (+10%)
obliges architect to get a cost estimate after SD, DD, CD - owner in writing states it is ok to proceed - approval after CD allows you to bid
(if architect does not meet bid budget, it can be on architect to redesign for free)
EXCUSES architect from mistakes associated with OWNER hired consultants (add service to coordinate)
obliges the architect to visit the site one year after substantial completion
takes no responsibility for contractor
takes no responsibility for shop drawing accuracy - only for intent
administration of the construction contract bid process
administration of the contract
-checks that project is running smoothly, not responsible for contractor’s work, architects drawings must depict necessary details for the contractor
responding quickly to Requests for Information (RFIs)
architect can be fired “for convenience” - owner has to pay up to what the architect has done and what the consultants are owed + the profit the firm expected from the project
the architect cannot transfer the contract
-if an owner changes, they must acquire the contract
one year warranty required
AIA A101
owner-contractor agreement
for design-bid-build
Automotive Liability Insurance
car accidents are one of the biggest risks for a firm
-owner may require firm to have this
-it extends to personal cars and taxis, not just company cars
General Liability Insurance
Basic insurances that covers physical property damage and injury claims against the firm
-covers legitimate and fraudulent claims
Professional Liability Insurance
Errors and Omissions insurance
provides protection if someone accuses you of not doing your job correctly
covers mistakes made by the architect
Workers Compensation Insurance
in case of an injured worker it provides wage replacement and medical care costs. Employees waive the right to sue the firm.