Turning over a project to another architect can create serious difficulties and liability exposure to the original architect who is leaving the project as well as the supplanting architect. If you leave the project at 50% it is left to the next person to follow through on decisions you have made. You have an understanding of the details that cannot be totally conveyed in whatever drawings and/or specifications that have been completed. Something is bound to fall through the cracks.
Obviously, whatever you turn over, after sitting for more than 4 years, will have to be reviewed and evaluated for updated codes,ordinances, etc. Absent any discussion with the follow-on architect, he/she will be required to make numerous assumptions that create substantial risk. If problems arise there could be a question as to who's at fault.
As the original architect you should have a signed statement releasing you from any liability for use of your documents. Sample wording on the order of the following should be crafted after discussion with legal counsel:
Thomas Milleson (the Architect) shall not be held responsible for the accuracy, completeness or constructibility of the construction documents prepared by him if used, changed or completed by another party. Accordingly, the Owner agrees, to the fullest extent permitted by law,to indemnify and hold harmless the Architect, its officers, directors, employees and subconsultants (collectively, Architect) from any damages, liabilities, costs, including reasonable attorney's fees and defense costs, arising or allegedly arising from such use, change or completion by any other party of any construction documents prepared by the Architect.
Similarly, the architect assuming the commission on a pro-bono basis should also have wording in his agreement with the Owner protecting him/her from claims arising from any services performed by you. Sample wording on the order of the following might be considered:
In consideration of the risks and rewards involved in this project, the Owner agrees, to the maximum extent permitted by law, to indemnify and hold harmless John/Joan Doe (Architect) from any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising or allegedly arising from any negligent acts, errors or omissions by any prior individual employed by the Owner on this project and from any claims of copyright or patent infringement by the Consultant arising from the use of any documents prepared or provided by the Owner or any prior architect of the Owner's. The Owner warrants that any documents provided to the Architect by the Owner or by the prior architect may be relied upon as to their accuracy and completeness without independent investigation by the supplanting Architect and that the Owner has the right to provide such documents to the supplanting Architect free from any claims of copyright or patent infringement or violation of any other party's rights in intellectual property.
Under any circumstance, review of any proposed supplanting agreement language should be reviewed by competent legal counsel and your E&O carrier. Any costs incurred in this regard will be insignificant compared to the costs of potential risks and liabilities for being a good guy and stepping aside for a friend.
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Thomas Zabala AIA
ZGA Architects and Planners Chartered
Boise ID
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