Practice Management Member Conversations

This message has been cross posted to the following Discussion Forums: Small Project Practitioners and Practice Management Member Conversations .
-------------------------------------------
I have a client which I've done numerous jobs for small condo projects (duplexes up to six-unit buildings).  I provide to my client condo document drawings for each unit.  This client now is asking me if I can provide condo document drawings for other buildings that I am not the architect of record for.  I am considering taking these projects but am unsure what I need to do to cover myself liability wise and if this would be against any licensure laws.  If I do take these projects I plan to create my own set of drawings based on the permit drawing sets given to me, along with a field survey.

Any help or comments is appreciated.

-------------------------------------------
Richard Sanford AIA
Architect
Sanford Architects
Philadelphia PA
-------------------------------------------

Richard,
I'm glad that you are posting this information to the PMKC community, as it will likely generate many good responses.  Regardless of the advice you get from this forum, please make sure that you get advice from a Pennsylvania attorney fluent with architectural practice, licensing regulations and copyright protection, and from your insurance company.  You might also want to get input from your State licensing board.
If I'm interpreting your question correctly that your client is asking you to develop drawings and the client will then retain another architect as the architect-of-record, than your exposure can probably be addressed by a tight contract between you and your client that indemnifies and holds your harmless.  The architect-of-record will have the bulk of the exposure.  You might also consider asking your attorney whether you should insist on language in your client-architect contract obligating your client to incorporate indemnification and hold harmless clauses of you by the architect-of-record.
Good luck with this.  It's tricky business.

-------------------------------------------
Michael Strogoff, FAIA
Strogoff Consulting
Mill Valley CA
-------------------------------------------

Condos are tricky enough liability wise, you may want to look closely at this. Is the client asking for more permit drawings for the same facility, or is this for a new structure? Has the previous architect or client  used these documents for permit already and the client wants you to do work on the existing condos? Are you going to actually redesign, re-engineer, and re-evaluate before you place them under your name and license? There are many liability issues to consider especially the copyright law, as well as not 'rubber-stamping' which is against most state laws, AIA ethics, etc. Good luck with your choice but it will be tricky.

-------------------------------------------
Kristine Young AIA
Gould Evans Associates, LLC
Tampa FL
-------------------------------------------

We have done condo docs for numerous clients, both for properties we designed and others. For properties where we have no design responsibility, we have asked for an indemnity for everything related to the project except the documents we are creating. We have also insisted on performing a compplete, thorough on-site survey of all areas included in the documents and included appropriate fees.

-------------------------------------------
Jerry Roller AIA
Firm Owner/Architect
JKR Partners
Philadelphia PA
-------------------------------------------