Dealing with errors and omissions

LAW
Paul Potts

The words ‘errors and omissions’ (E & O) are practically taboo in architectural circles and are rarely spoken—even in private conversations between architects, engineers, and their professional employees. However, errors and omissions in construction documents occur on every project. The unique nature and complexity of the building...

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Be careful with flow-down provisions

 LAW
Werner Sabo, FAIA, CSI

A flow-down provision states the terms of the contract at a higher tier are also binding on the lower-tier contractor. For instance, the subcontract between the general contractor and the electrical installer usually contains a flow-down provision stating the terms and conditions in the owner-contractor...

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The architect as initial decision-maker

LAW
Paul Potts

All claims and disputes between the owner and the contractor on projects using American Institute of Architects (AIA) A232, General Conditions of the Contract for Construction (Section 15, “Claims and Disputes.”) must be submitted to a first-fact-finder for investigation and a written decision before proceeding to mediation...

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Looking into AIA’s Design-build Documents

LAW
Michael B. Bomba

Surging in popularity in recent years, design-build is now the fastest-growing delivery method in the design and construction industry. According to the Design-Build Institute of America (DBIA), roughly 40 percent of commercial projects in the country rely on it. Proponents argue design-build is a streamlined, flexible...

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Ten Design and Construction Contract Provisions to Negotiate: Part Two of Two

LAW
Courtney Moates Paulk and R. Webb Moore

In the authors’ previous article, five design and construction contract provisions were explored:

indemnification; insurance and waiver of subrogation; ownership and reuse of documents; warranty and correction of work; and termination of contract.

These all hold potentially profound economic consequences if not carefully considered and negotiated. In...

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Does the Client Own the Copyright?

LAW
Werner Sabo, FAIA, CSI, and Shawn Goodman

Clients sometimes argue they own the copyright for their project if they contribute ideas, sketches, or other information the architect then incorporates into the drawings. Some clients may urge they at least are ‘joint authors’ with the architect. But what do...

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The Risk of Recommending a Contractor to a Client

LAW
Werner Sabo, FAIA, CSI, and Shawn Goodman

Architects are often asked by an owner for a contractor, especially when it comes to small commercial and residential projects. While it may be nice to be helpful, they should be aware this advice carries a risk if the contractor performs...

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