Be wary of COVID-19 contractual waivers

“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 →

AIA publishes sustainable projects documents

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 →

COVID-19 help from AIA contract documents program

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 →

Evaluating contractor delay claims related to COVID-19

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 →

AIA provides COVID-19 advice

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 →

Look to your contracts and OSHA during the pandemic

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 →

Avoid contract default when COVID-19 strikes

Design firms have two major challenges as COVID-19, or the coronavirus, continues to spread. The primary challenge is keeping employees as safe as possible. But the other challenge is strictly financial: what happens when a design firm cannot provide services because of the epidemic or government constraints in response to the pandemic?Look at Your ContractsAddressing... Continue Reading →

Blockchain: 5 Things You Need to Know Now

While the conventional wisdom around blockchain is that it’s a technology only affecting financial markets, design and construction stakeholders ought to pay attention to new developments, too. If you don’t, you risk falling behind on an important trend that potentially presents a competitive challenge for your firm, but also missing the opportunity the technology presents... Continue Reading →

Thinking about hiring a drone operator?

Design professionals frequently use drones (unmanned aerial systems) to help provide professional services. A recent article by Mark A. Dombroff, “Lessons in Liability: Drones 101,” reminds us to consider the regulatory and risk management issues that can arise from your relationship with a third-party drone provider. First, consider that accidents, while rare, do occur. Drones... Continue Reading →

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