[...]... liability policies In addition, the architect in practice may require: ● The architect and the law Professional Liability ● 9 The architect and the law Law and Practice for Architects ● 10 PRACTICE OVERVIEW LEGAL LIABILITY IN PERSPECTIVE Legal liability has been a long-standing concern for architects, but just how serious an issue is it for contemporary practice? A brief historical overview may help... universal panacea for protecting the architect against claims— there is usually a deductible and a limit to coverage—some of the national carriers provide a useful and often necessary component of successful practice and may offer extensive information, education, and training that can limit claims through improved practice The architect and the law Question & Answer Law and Practice for Architects ● 13... circumstances include: ● ● ● ● 24 ● Law and Practice for Architects ● A101/CMa, Standard Form of Agreement between Owner and Contractor – Stipulated Sum, Construction Manager-Adviser Edition A121/Cmc, Standard Form of Agreement between Owner and Construction Manager where the Construction Manager is also the Constructor (AGC Doc 565) A131/CMc, Standard Form of Agreement between Owner and Construction Manager... prohibit professional licensing for individuals with a criminal record Society Person Common Law Person Figure 1.1 Civil Law Civil law is private law dealing with the rights and obligations of individuals and corporations in their dealings with each other Areas covered under this category include: ● ● ● 3 ● ● ● Succession Family Law Contract Property Tort Law and Practice for Architects The basic “rules”... obligations and responsibilities are owed to a variety of parties, and are governed by statutes, administrative regulations, and common law However, the majority of suits against architects are concerned with: Law and Practice for Architects Court gives trial date and serves summons Pay fee Arbitration (see page 116) Mediation (see page 122) Administrative boards, agencies, and commissions (quasi-judicial forums... Professional ● Law and Practice for Architects Owner Figure 1.6 The public In all cases, it is the “reasonable standard of care” established by common law against which a defendant’s performance is matched and judged In the case of the architect, the standard is considered to be the average standard of skill and care of those of ordinary competence in the architectural profession The Practice Overview... courts, leading to complex and expensive liability problems Two forms of association are increasingly common: 20 ● Law and Practice for Architects 1 Often a “design architect” works with an “architect of record” on specific design projects The former establishes the conceptual and schematic basis for the project, while the latter takes responsibility for construction documentation and construction administration... overall cost of the project, and the constructor’s profit ● 23 AIA Document B144/ARCH-CM, Standard Form of Amendment for the Agreement Between the Owner and Architect where the Architect Provides Construction Management Services as an Adviser to the Owner, provides a means to integrate a construction manager role with that of Law and Practice for Architects Architects and Engineers Where architectural... bonds, and payment bonds (see page 74) Warranties These are assurances given by parties in respect of their goods and/ or services (e.g., roofing) which Insurance Bonds Warranties Indemnity Disruptive event Waiver Liquidated damages Liens Law and Practice for Architects Retention Normal progress ● 7 Figure 1.7 The architect and the law usually last for a stated period of time and are legally enforceable... implications to the profession are the limitation of liability and The architect and the law Law and Practice for Architects ● 11 implied warranties In the first, cases reported throughout the United States5 have involved statutes of limitation and repose, which have been interpreted in some states to render the architect accountable for errors for a virtually limitless period of time Even death appears . architect and the law BOB-CH01.QXD 02/18/2005 10:39 PM Page 1 BOB-CH01.QXD 02/18/2005 10:39 PM Page 2 The architect and the law Law and Practice for Architects ● 3 THE LAW Sources of Law The United. class="bi x0 y0 w0 h0" alt="" Law and Practice for Architects BOB-FM.QXD 02/18/2005 10:48 PM Page i BOB-FM.QXD 02/18/2005 10:48 PM Page ii Law and Practice for Architects Bob Greenstreet Karen. with an understanding of the broader legal and professional issues at stake. Law and Practice for Architects provides a comprehensive, concise, and simplified source of practical information, giving