AIA Continuing Education

Transcription

1 AIA Continuing Education Hall & Company is a Registered Provider with the American Institute of Architects Continuing Education Systems. Credit earned based on the completion of this program will be reported to AIA/CES for AIA Members. Please send your AIA member number to kbernal@hallandcompany.com after the presentation for reporting. This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement for the AIA of any material of construction or any method or manner of handling,using, distributing, or dealing in any material or product. Questions related to the specific materials, methods, and services will addressed at the conclusion of this presentation. Learning Objectives At the end of this presentation, participants will be able to: Understand the importance of shop drawings in the design professional s practice Understand the steps to protect against potential litigation whendesign professionals leave projects before completing services Know what to consider when design professionals return to a project after completing their services Know how to ensure the existence of a valid contract 1

2 Disclaimer This presentation is only a tool to assist you in managing your responsibility to maintain safe premises, practices, operations and equipment, and is not for the benefit of any other party. The presentation does not cover all possible hazardous conditions or unsafe acts that may exist, and does not constitute legal advice. For decisions regarding use of the practices suggested by this presentation, follow the advice of your own legal counsel. Hall & Company and Shaub, Ahmuty, Citrin and Spratt LLP disclaims all forms of warranties whatsoever, without limitation. Implementation of any practices suggested by this program or presentation is at your sole discretion and Hall & Company and Shaub, Ahmuty, Citrin and Spratt LLP or their affiliates shall not be liable to any party for any damages whatsoever arising out of, or in connection with, the information provided or its use. This presentation is for general informational purposes only, does not create an attorney client relationship between the participant and presenter, and is not meant to provide legal advice. Everyday Risks for Design Professionals Shop Drawings Leaving Projects Before Completing Services Returning To A Project After Completing Services Validity of Contracts Poll Question In what percentage of projects are you required to review shop drawings? % 2. 25% 50% 3. 50% 75% 4. Over 75% 2

3 Shop Drawings What are they and when are they required? Shop drawings are drawings, diagrams, schedules and other data specially prepared for the work by Contractor or Sub contractor, Sub subcontractor, manufacturer, supplier or distributor to illustrate t some portion of the Work. k (AIA ) ) Purpose of the shop drawings: Sufficient detail Proper and safe construction Coordination with remaining work Shop Drawings Considerations What items require shop drawings? Who is responsible for preparing the shop drawings? When are the shop drawings to be provided to the design professional for review and approval? Are there any other parties that will be involved in the shop drawing review process? Purpose of the Shop Drawing Review To determine if the contractor understands the architectural and engineering design concepts and to correct any misapprehensions before they are carried out in the shop or field. Deviations between shop drawings and the original project drawings must be approved before construction begins. 3

4 Shop Drawing Review Process Shop drawings that deviate from the contract documents should be noted. Request corrections and re submittal if not approved. Do not review shop drawings that exclude the contractors' stamp of approval. Return to sender not reviewed. Sub consultant s stamp should agree with the Prime s stamp. Example of a review stamp:engineers [Architects] review is for the limited purpose of checking for conformance with information given and design concept in the Contract Documents. Review does not extend to dimensions, quantities, field conditions, coordination of trades, installation instructions, performance of equipment or systems, or for means, methods, sequences or safety procedures of construction unless explicitly stated. Action on a single submittal does not indicate action of an assembly of which submittal is a component. Action taken in review does not allow or approve deviations from Contract Documents unless the deviation is explicitly noted and approved. Failure to Timely Review Shop Drawings or Approval of Deviations Overlooked Failure Leads to Liability Risk Last Chance to Discover Errors or Deviations Time Well Spent Reviewing will Save Time and Delays in the Long Run 4

5 Everyday Risks for Design Professionals Shop Drawings Leaving Projects Before Completing Services Returning To A Project After Completing Services Validity of Contracts Poll Question It is never appropriate to terminate a project. a) True b) False Termination Agreement Checklist Identify the Parties and Effective date of Termination Agreement; State Relationship Between Parties and Existence Prior Agreements Superseded by Termination Agreement; Although Services Not Completed, No Admission of Liability Identify Termination Date of Prior Contract No Further Services Required 5

6 Termination Agreement Checklist Notice to the Appropriate Agency Advising of Withdrawal Outstanding fees: provide the exact amount, method and date of payment to the design professional Turning over project records: clearly identify what documents will be provided, in what form and party that will retain ownership. If ownership is retained by the design professional, set forth that the documents are to be used solely for the subject project. Termination Agreement Checklist Design professional issuing limited license for use of the identified documents solely at the subject project; any breach of the agreement will terminate the license; Reference to the design professional on project documents will be deleted; Indemnity by the contracting party for any liability resulting from subsequent use Mutual General Releases in favor of each part to the Settlement Agreement. Clearly stated agreement is being signed by individuals authorized to enter into the agreement and bind the referenced parties to the terms of the agreement. Everyday Risks for Design Professionals Shop Drawings Leaving Projects Before Completing Services Returning To A Project After Completing Services Validity of Contracts 6

7 Poll Question If you ve completed your services at a project, there is no reason to return to the project. a) True b) False Should Design Professionals Return to A Project After Completing Their Services? Considerations: 1. What is the statute of limitations in effect in the jurisdiction, and has the statute of limitations expired? 2. Is your jurisdiction subject to the doctrine of continuous treatment? 3. What, if any, ethical obligations exist? Sometimes returning is simply the right thing to do! Everyday Risks for Design Professionals Shop Drawings Leaving Projects Before Completing Services Returning To A Project After Completing Services Validity of Contracts 7

8 Do You Really Have a Contact? 1. Have all parties with authority signed and dated the agreement? 2. Have the parties received it in writing? Letter sent certified mail, return receipt requested, or that denotes receipt by the recipient, Copy of the agreement enclosed Confirmation that the document has been executed by all parties and copies have been provided to all parties 3. Change in scope of services in writing? Amended agreement that is also signed and dated by all parties Confirmation documented by certified mail, return receipt requested or e mail denoting receipt. To report your attendance to AIA/CES use course #HCCES117 To order certificates of completion visit: Hall & Company clients send your request to: kbernal@hallandcompany.com 8