Design firms provide professional services to their clients, and the agreement to provide these services should be well documented in their contracts. To protect both the design firm and its clients, it is essential to have well-drafted professional services agreements that manage contractual risks. These agreements outline the terms and conditions of the project, including... Continue Reading →
Our last post focused on the first step in digital practice: creating a BIM Exhibit. Once the contracting parties attach that exhibit to the design and construction contract forms, they have to expand the agreement on model sharing and reliance issues through a project-specific BIM Execution Plan (“plan”). The AIA Contract Documents program created G203-2022,... Continue Reading →
Clients are increasingly using text messages to provide direction and relay important project information. This can be problematic for design firms that want to document such communications in their project files. Firms find that following up via email takes additional time, and the client may not respond to the email, which creates ambiguity. Firms that... Continue Reading →
“We are all in this together.” That was the refrain heard throughout society when the pandemic was finally recognized. But anyone who has experience in design and construction knows that such a maxim is not a truism in the construction industry. From the time the first disruptions and lockdowns occurred, attorneys representing construction firms have... Continue Reading →
The American Institute of Architects (AIA) added to its current sustainable project exhibits by releasing its newest document, C204-2020, Sustainability Consultant Scope of Services. In addition, the AIA published an updated version of D503-2020, Guide for Sustainable Projects, which is available as a free download.The new C204 is for use by a sustainability consultant (architect... Continue Reading →
Guest blog post written by Paul E. Knupp, III, Esq., of Lee/Shoemaker PLLC. Paul Knupp is Counsel at Lee/Shoemaker PLLC, a law firm devoted to the representation of design professionals, in DC, Maryland, and Virginia. The content of this article was prepared to educate related to potential risks, but is not intended to be a... Continue Reading →
The AIA Contract Documents program has been active in providing both articles and discussions on the impact of COVID-19 constraints on the operations of design professionals, contractual obligations of construction companies, and exposures of project owners. Many of the presentations look at how the standard AIA contract forms address extensions of contract time and recovery... Continue Reading →
It is certain that construction projects will be impacted during the ongoing COVID-19 pandemic. Almost immediately after states issued stay-at-home orders, contractors started putting owners on notice that they are likely to have delay claims due to the social distancing guidelines as well as expected supply chain disruptions. If you have construction contract administration responsibilities... Continue Reading →
The American Institute of Architects (AIA) recently published information and conducted webinars on how architecture firms should be managing their business and professional risks during the COVID-19 pandemic. The resources are a joint effort of the AIA Risk Management Committee and its Contract Documents program. The Contract Documents program created, “How AIA contracts address issues... Continue Reading →
The design and construction industry is no exception to the concerns over safety and the efforts to control the spread of COVID-19 (aka coronavirus). Design firms, their clients, and contractors working on projects should evaluate the physical and economic risks that the coronavirus outbreak could pose for their projects and take proactive measures. The virus... Continue Reading →
