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"How to Select a Professional Liability Insurance Broker," George J. Vogler and David W. Lakamp. Vol. 1, No. 1. July, 1988. The American Institute of Architects edition, 1993. 7 pp.
Know what you are entitled to receive from a knowledgeable broker, and be prepared to ask for the services you need. Here is a place to find out what you can expect from, how to find, and how you can secure the greatest benefit from a broker who specializes in professional liability insurance and loss prevention for architects and engineers.
"CADD Risk Management," Michael P. Ingardia, P.E. Vol. 7, No. 1. January, 1994. 9 pp.
What was originally envisioned as a productivity tool has become a medium for exchange and archiving. Requirements for the delivery of design documentation in electronic media form raise new issues of risk and responsibility, and they can have a significant impact on project scope, schedule, and fees. What are these issues, and how can they be addressed? What are the risks involved, and how can they be managed effectively? How does one assess the impact of CADD deliverables on project planning and budgeting? This issue of Practice Notes will help you start thinking about these questions and point the way toward finding solutions.
"Records and Information Management: Meeting the Challenge," Mary Cooper. Vol. 7, No. 3. August, 1994. 15 pp.
As much as anything else, professional practice in the 1990's is about the collection, control, and use of massive amounts of information. With an effective records and information management program in place, you can reduce risk -- for client's benefit as well as your own -- and you can improve the quality of your work. This issue of Practice Notes urges the strengthening of records management practices. It discusses the reasons for having a sound program, outlines the essential principles of a good effort, and describes ways successful firms have gotten started.
"Limited Liability Partnerships and Limited Liability Companies: Are these the entities of choice for a/e firms in the next millennium?," Jennifer Wong Suzuki. Vol. 12, No. 1., 1999. 10 pp.
This issue examines the significant features of LLPs and LLCs, their advantages and disadvantages for a/e's as compared to other business formats such as corporations or general partnerships, and the general requirements for the formation of an LLP or LLC.
"Construction Contracts and Bankruptcy: The Ultimate in 'Value Engineering'," Jeremy W. Katz. Vol. 14, No. 1., 2002. 7 pp.
You have just learned that the other party to your contract has filed for bankruptcy. That party owes you money for past work and the project is not yet completed. This is a difficult and confusing situation that your firm might encounter. In this Practice Note, Jeremy W. Katz provides insight into the bankruptcy mechanism and the steps you might take to protect your firm's interests.
"An Introduction to Typical Liability and Property Insurance Coverages for Design Professionals," Meade Collinsworth, Dan F. Middleton, Warren Redeker, Thomas J. Sharp, F. David Shipley, Earleen R. Thomas, Michael Welbel. Vol. 15, No. 1., 2003. 11 pp.
Design specialization has been established as an effective method for project development and delivery. It is well recognized by sophisticated project owners and developers as both cost effective and time sensitive. A knowledgeable owner would scarcely engage the services of a design firm specializing in fast food restaurants if the owner were planning the construction of a regional indoor shopping mall. A similar rationale applies to insuring design firms. A design professional is far better served by a specialist agent and broker whose main focus is insuring design professionals. Designing an effective insurance program is as uniquely individual as project designs are for individual owners.
Owner-Drafted Contracts: Gaps, Chasms, Black Holes, and Good Backfill You Can Use," David W. Lakamp. Vol. 3, No. 3. September, 1990. 35 pp.
You can expect contracts drafted by owners and their attorneys to be one-sided. That is the way the game is played. To play this game, you need to know the rules, and you need your own equipment. This practical guide to the review and negotiation of owner-drafted forms provides resources you can use to succeed at a game not of your making. With a checklist and alternative provisions readily at hand, you may be surprised at how easy it can be.
"Indemnification: How to Identify Unacceptable Risks and Get Them Out of Your Agreements," F. David Shipley and David W. Lakamp. Volume 4, No. 2. December, 1991. 15 pp.
As more and more owners, public and private alike, find themselves facing risks they do not care for, you can expect the pressures on you to assume these risks to escalate. The stakes are high. You can successfully resist those pressures, but you need knowledge, tools, and skills to do so. Look to this document to explain where to draw the line on indemnification and how to do it. It takes you through a typically onerous demand, helps you sharpen your skills on the commonly encountered language, and guides you though the way to negotiate within the maximum limit of fairness.
"What's New or Different in the 1997 B-141," Kent T. Stair, Vol. 11, No. 1, February, 1998. 22 pp.
The cornerstone of the AIA family of documents is the B-141, the owner-architect agreement. Revised every ten years, the B-141 has changed with time, experience, and changes in the law, in construction, and in professional practice. Until the 1997 revisions, modern-day changes have been largely evolutionary in nature--incremental adjustments to existing language and form--easy to understand and easy to digest. The 1997 revisions are revolutionary. They come in a new and unfamiliar package, they define practice in uncharted ways, and they contain new provisions you may have some trouble explaining to your clients. This issue of Practice Notes should help you start your journey down an unfamiliar path. It is a summary of the material changes which have been introduced and the manner in which those changes may impact your rights, your responsibilities, and your services in the decade ahead.
"To B141 or Not to B141? That is the Question (and the B151 may be the answer)," Kent T. Stair,Vol. 11, No.2, September, 1998. 22pp.
As design professionals ponder the use of the 1997 version of the B141, they might be comforted by the emergence of a new alternative: the B151-1997. Labeled the "Abbreviated Standard Form of Agreement Between Owner and Architect," the B151-1997 may become better known as the "Appreciated Alternative Form of Agree-ment Between Owner and Architect." In essence, the AIA has made a number of relatively minor (and generally positive) modifications to the 1987 version of the B141 (including the changes necessary for the document to be coordinated with the 1997 A-201 General Conditions) and has re-published the document as the B151-1997. In reality, the document is "abbreviated" only in comparison to the number and impact of changes found in the extensively revised document now denominated as the B141-1997.
"How Design Professional Service Contracts Work," Michael J. Murtaugh,Vol. 13, No.1, April, 2001. 6pp.
A design professional's agreement for services is a living document that was drafted in the abstract and then applied over time to unpredictable complexities. A professional services contract cannot be expected to provide clear and detailed answers to all contingencies that will inevitably arise during the course of a project, and must be adapted to circumstances as they develop. Anyone who uses professional service contracts should understand how these contracts really work, which is to say how some judge or arbitrator is likely to determine what they require in a particular situation. This article discusses in a simplified and practical way the basic legal rules by which a professional services contract can change and be adapted as a project progresses.
"An Architect Looks at the Standard of Care," James R. Franklin, FAIA. Vol. 2, No. 2. April, 1989. 16 pp.
A primary and essential resource for instilling in your staff an appreciation for the principles governing your relationships with clients, third parties, and the public-at-large and an understanding of how those principles can be applied to managing the risks of professional practice.
"Indemnification: Counting Coup in Ancient Ways and Courtroom Days," George J. Vogler. Vol. 4, No. 1, April, 1991. 12 pp.
Laws which sanction uninsurable indemnification provisions in professional services agreements give the powerful a mighty first swing at the rest of us. It is an edge to which they have no claim in equity and for which there is no foundation in the Common Law. When institutions of great power seek to exact indemnity for their own wrongdoing, they need reminding that the burdens they bear have no place on the shoulders of others weaker than they. You can use the arguments advanced here to extend that reminder to your clients; the professions can use them in the halls of the legislature where time honored principles of equity just may prevail over pleas from the powerful for sanctuary.
"The Architectural Works Copyright Protection Act of 1990," Burton C. Allyn, IV. Vol. 5, No. 2. November, 1992. 6 pp.
Your designs became more valuable in December 1990, and the protections you are afforded under the law were significantly expanded. It also became much easier to infringe the copyright of another. What are your rights, how do you protect them, and what remedies are available to you? Where are the practical considerations for professional practice?
"The Americans with Disabilities Act: Accommodating the Public," Connie McFarland, AIA, CSI. Vol. 6, No. 1. July, 1993. 20 pp.
Note: This Practice Note is currently being updated. For free, official ADA documents, see: The Access Board (http://www.access-board.gov) on the page: http://www.access-board.gov/indexes/pubsindex.htm.
"Court Sanctions for Frivolous and Improper Litigation," Ron W. Widener with George J. Vogler. Vol. 6, No. 2. October, 1993. 20 pp.
Misbehavior by those who would come after you in a court of law is decidedly unfunny. This is something you have known for a long time. The Federal Government has more recently come around to your point of view--so, too, have a limited number of states. Here you will discover which states have adopted Federal Rule 11 and how and why attempts to weaken it at the Federal level make it something of a moving target. You will also learn how you and your attorney can use Federal Rule 11 and its state equivalents to protect against abusive practices by opposing counsel. There is ammunition here, and it can be of value to you.
"CERCLA 'Arranger' Liability: Emerging Risk for Environmental Consultants," Howard W. Ashcraft. Vol. 7, No. 2. April, 1994. 16 pp.
CERCLA liability is imposed on persons who "by contract, agreement or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances...." The breadth of this language invites abuse. Most would agree that it makes little sense to impose CERCLA liability on consultants engaged in contamination abatement, but nothing in the statute prevents attempts to do so. This article examines the current state of "arranger" court decisions affecting environmental consultants and suggests strategies for reducing "arranger" liability.
"Alternative Dispute Resolution: There is a Better Way," Kenneth J. Gumbiner. Vol. 8, No. 1. April, 1995. 21 pp.
This issue of Practice Notes defines and explores the newest forms of alternative dispute resolution ("ADR"). Particular emphasis is placed on disputes that arise in the context of professional malpractice in the architectural, engineering and construction management areas. There is no need for a dispute to end up in court, and there are many reasons to avoid that outcome. There are also many alternatives. Some are more appropriate than others, depending on the circumstances. How will you know? This article traces the evolution of alternative dispute resolution (ADR) techniques in the U.S. and examines six forms of ADR in terms of the benefits to be gained and the problems you can expect from each of them. This issue is not meant to teach architects and engineers how to resolve disputes by the alternative means described. It is meant to enlighten the reader as to the options available and to encourage the use of alternative dispute resolution clauses in the contracts.
"Legal Aspects and Risk Management of Design/Build Contracts," John Agostini. Vol. 9, No. 1. May, 1996. 27 pp.
Architects and engineers are approaching a crossroads in the evolution of their professional disciplines. This is a consequence of the growth of design/build as a preferred project delivery system in which builders have assumed the lead role. What are the potential economic consequences? What opportunities exist for architects and engineers to expand the market for their professional services? What risk management issues are involved, and how might the professions best address them? This article examines the risks of design/build from the perspective of the architect/engineer as design/builder.
Practice Notes for this category are time sensitive and are removed when information is no longer relevant.
"Certifications: The Owner is on the Phone, and the Lender Wants these Papers Signed Now!" George J. Vogler. Vol. 2, No. 1. January, 1989. 14 pp.
What the lender really wants is your guarantee. All you can deliver is information on what you know and how you came about your limited knowledge. This is a practical and useful guide to the review, revision, and negotiation of reasonable and insurable representations to lending institutions.
"A Manual for Project Representatives," David W. Lakamp. Vol. 2, No. 3. July, 1989. 30 pp.
This document is a prototype of a working manual designed for adaptation and use in your firm. It is intended to serve as both a quality assurance and a communications resource. It is a point of departure for the development of an in-house document adapted to accommodate your own unique requirements and style and to communicate the rich experience of the principals to those whose task it is to represent you in the field. It has also proven to be a useful way to communicate to skeptical clients a clear understanding of the scope and value of an appropriate level of service during the construction phase of the work.
"Quality Paradigm: Values, Goals, Controls, Information, and Consciousness," George J. Vogler. Vol. 3, No. 2. May, 1990. 36 pp.
An in-depth look at quality as a value system rather than a control system. There is no manual to be found here. The quality paradigm is explained and applied as a focal point for reflecting on oneself in many mirrors. Quality comes from there.
"Contractor's Insurance and Bonds: Essential Tools for Successful Projects," Dennis J. Linder. Vol. 5, No. 1. August, 1992. 14 pp.
Self assurance comes only from knowledge, and your greater knowledge about insurance in the construction industry will add to your confidence. You do not want to become the owner's insurance advisor, not even by default, but you do need an understanding of the contribution sound insurance advice can make to the success of a project. You need insurance knowledge to interact effectively and cooperate with other experts on the project team, and with this knowledge, you can protect yourself where insurance (and, on particularly bleak days, only insurance) can help.
"over-anxious avoidance of responsibility...herein...Limitation of liability," George J. Vogler. Vol. 10, No.1. June 1997. 11 pp.
Ideas have consequences, and the big ideas have major consequences. Curious it is, then, that so little analytical attention has been given to the future into which the professions are being propelled by the notion of limiting liability for one's own negligence. An idea that emerged in the 1970s as a useful technique for dealing with inordinate risk is being promoted by some today as an appropriate response to the routine risks of architectural and engineering practice. What future does this portend for architects and engineers? Is it a future they would willingly choose to inhabit? Hard questions are asked here. Reasoned answers require sober thought.
"Understanding and Developing a Risk Management Policy for Condominium Projects," Christine Drage, Esquire. Vol. 16, No.1. 2006. 7 pp.
The purpose of this article is to address the risks (and remind some of you who may have forgotten the risks); provide you with an understanding of the types of things you need to be aware of before entering into such projects, including whether you are actually "covered" by Owner Controlled Insurance Program policies ("OCIP," also commonly known as "Wrap" policies and hereinafter referred to as "Wrap" policies), and assist you in developing your own Risk Management Policy to be followed when considering condominium projects.
"The Cost of Perfection – A Design Professional's Perspective," Jack D. Beemer, P.E., F.ACEC, et al. Vol. 17, No.1. 2006. 12 pp.
There is a trend with some owners to define a successful project as one without any risk to the owner. This "risk free" approach is anything but risk free; in fact it may be just the opposite. This document explains some of the ramifications of this trend that involves risk shifting and cost recovery efforts by some owners in an attempt to attain perfect projects.
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