Small Project Design

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; Can anyone make a claim against me 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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Joel Carter AIA
Principal
Carter Architecture, Inc.
Myrtle Beach SC
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By providing design services only, if you seal the drawings or documents, in my opinion the client or owner and other folks may take this to mean the drawings are not preliminary or for review only, and this could lead to liability due to the ambiguity created in putting a seal on the document. I've seen preliminary drawings with seals on them by some folks that were used to get building permits, and in some cases the architects knew about it, made a practice of doing this! Ouch, what a risk they were taking.

I've always been an advocate of trying to provide design services at any capacity, even when in limited doses. I believe our profession has suffered from knee jerk reactions of trying to protect ourselves while ultimately denying people of our services. There is a difference between negligence and limited scope services. Schematic Designs should not be developed enough for an owner to have them built. I've had many clients, owners and builders, that were glad to pay me for a minimal design in order to decide if the project was feasible for them for a reasonable fee. I have never seen one of these designs built without a proper set of documents created by me. Because appraisals often dictate whether a residential project will get built, I always separate my services and fees into Schematic Design and Construction Documents, so an owner can realize if their project goals comply with local zoning ordinances, talk to builders about ball park costs based on area calculations, and begin discussions with lenders all before I begin the final drawings. I never give them enough info to build from with a Schematic and I make sure I get paid for that service when it's complete. After they get some feedback, I help them make any necessary adjustments and I get most of my projects built with this process. Because I design unique speculative houses, I have a great understanding of what houses appraise for in my market areas. In fact, I help push the property values by designing the speculative houses that sell for more than your standard cookie cutter, which helps my homeowner clients get better appraisals to build better houses.

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Eric Rawlings AIA
Owner
Rawlings Design, Inc.
Decatur GA
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