As a public service and to maintain the integrity of the profession, I highly recommend putting a
Notice of Limitation on any and all preliminary, conceptual or otherwise not final documents "For Construction". The reasons are manifold as experience teaches us.
Case in point: I was called on as a professional witness in a contractor mal practice suit brought by a homeowner. The homeowner hired a young architect employed by a large firm for a moonlight job. (The architect was alleged to be unable to go beyond
conceptuals with the project due to contractual arrangements with his employer.)
The Preliminary Docs were used by the homeowner to contract with a
Licensed Construction Supervisor and Licensed Home Remodeler. (Note: There are 2 separate licenses in MA, each with clear legal responsibilities. The latter with an insurance program to back up the homeowner in these cases.) The contractor enjoyed a reasonable reputation for home additions and renovations though he turned out to be an out of work framer when he started his remodeling business and since had laid off most of his skilled help. Needless to say the
execution was a nightmare hence the litigation.
At trial the defense was able to convince the jury that the
shoddy execution by the contractor was the fault of the architect's incompetent documents. Despite the best efforts of the plaintiff's attorney and witnesses to explain the legal parameters of building 1 & 2 family homes in MA and the legal assumption of all responsibility by the contractor in this case, t
he bungling Builder got off!
No doubt in my mind the mostly elderly jurors were anxious to pin the problem on someone who was not in the room, but the message was sent that the
ARCHITECT WAS AT FAULT, even though he was not a party to the construction project, and no action was ever taken against the Architect.
A simple notice to the effect that the plans were "
CONCEPTUAL" and "
NOT FOR CONSTRUCTION" would have put on notice everyone down the line that the plans were incomplete and further design work was needed.
No you can't make this stuff up, but shouldn't you protect yourself from it?
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John Dugger AIA
Principal Architect
J S Dugger, AIA & Associates
Gloucester MA
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Original Message:
Sent: 10-31-2013 11:35
From: Craig Hausman
Subject: Michael Loo;s question "Providing Design Services Only question
We, too, have long provided this service. I concur with the need to create a stand-alone Contract which very clearly states what the intent of the documents is, as well as what they are not intended to be used for by the Client or others. The latter can be reinforced with a hold-harmless 'style' clause. We never stamp them...we view the stamp as something that intends to be submitted, which these clearly are not. PDF's are the only out-put, never CAD; all are labeled "design-only & not for construction/submission."
Further, our insurance renewal form annually asks us to break-out the percentage of Design-Only work we provide. The savings for work work that carries a lower threshold of liability may even reduce premium (ok, we all know premiums never go down...but...).
Many of our "Design Only" projects are for individuals who, of course are on a shoestring budget, BUT are looking for the creative, problems solving solutions that draftsmen and builders on their own may not come up with for them.
Think of the countless edifices to "oh my God, why!?! why!?! why?" you have driven past wishing they had just consulted with an architect...perhaps you can lessen that by one or two...
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Craig M Hausman AIA
Principal
hausman* architecture
Sacramento CA
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