Small Project Design

This message has been cross posted to the following Discussion Forums: Small Project Practitioners and Practice Management Member Conversations .
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Hi all,
I've been getting quite a few request for just design services only. Meaning just providing consultationof what can be done and working with the client to come up with a design without providing construction details or documents. Some just want to see what is possible from a design stand point, others I have a feeling may intend to construct with out filing and permits. (although they have not outright said that, I assume that's what they intend to do). Depending on the scope of what they want to do and before I even agree to do anything I have advised them that they will need to file and obtain the neccessary permits. Some I feel think because the project would just be interior renovations feel that they can fly under the radar even after I have told them what they are required to do, which is to file and obtain permits.
If I only provide a design with no construction details, documents or any involvement during construction (in the case that the client decides to proceed with construction with out filing and permits) and I put all the typical notes that the design documents are for design purposes only and not for construction and disclaimer that if the owner decides to proceed to construct the project they are required to file and obtain all the neccessary permits and approvals and also clearly state in the proposal that the fee would only be for design services only not construction docs or constuction admin, etc; What, if, any liability will I have if the owner or contractor screws up or if they are cited by the DOB for work with out a permit?

Thanks in advanced.


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Michael Loo AIA
Brooklyn NY
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Ask your insurance broker.

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Joel Niemi AIA
Principal
Snohomish WA

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Hi Michael,

If the design exhibits are properly labeled with something like "preliminary study only - not for construction", then you are only providing feasibility materials and have no liability exposure (according to my liability insurance carrier).  I have done many of these types of services and it barely counts toward my liability insurance premium.

Also, the code guys in our area know me very well and know the caliber of my documents.  They can tell if someone is trying to misrepresent preliminary studies as code submittal documents.

We've had our "Wild West" days here where developers would cut off the Architect's title block and get a registered hack to use his own in its place.  Sometimes we need to police our own ranks as much as anything.

 
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Adam Trott AIA
Adam J. Trott Architect
Erie PA
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