I am a past member 10 year member of the ConDoc Committee and have spent 2( years providing Expert Witness Services, On over 65 actions, cases, arbitrations.and mediations for both Plaintiffs and Defendendants.
It is that experience that one realizes that:
1. the Expert has to be neutral and an advocate, like an attorney.. Either side deserves the best, most complete, accurate and true interpretation of the codes, laws, Standsr of Care, and the facts.
2. Your affidavits, reports and testimony are true and scientific. Your opinions are methodology and evidence based or they are baseless.
3. Services can be provided for and against architects. You can not say you only defend architects. Your clients are: Insurers and their insured, their kawyers, others' clients' and owners. Contractors, CM's, ORs, Subcontractors, anyone in the public, 1st 2nd 3rd party Defendants, disciplinary regulatory agencies, coop/condo boards and estates, and least of all: the counsel for your client.
4, cases run from "trip and falls" to "wrongful deaths"
5. In over 65 actions I have been involved in 5 wrongful deaths, a sustainable wood pellet fuel manufacturer, the improper addition and removal of a penthouse, support for one developer, against another developer, a rape and attempted murder caused by improper security gates, illegal renovations and conversions.
6. "Expert Litigation Support" services are as important as design excellence. Expert Services protects the public HSW, makes us better architects, uses our problem solving skills and professional ethics and educational skill set.
This is a much needed and intensely complicated document to approach. It actually would be a family of documents. To be useful to Design Construction Community, the Expert and not the Architect is in the title of this EX-201 Contract for Litigation Support Services.
I would welcome being on the ConDoc Tadk Force to develop this idea whose time has come.
Sincerely,
Douglas F Korves AIA
917-405-8387
Original Message:
Sent: 11/26/2024 2:24:00 PM
From: Brian L. McNew AIA
Subject: AIA Contract Document for Expert Witness Services
Not sure of the correct Community in which to post this, but has the AIA Contract Documents Committee ever considered an Owner(Client)/Architect Agreement for Expert Witness Services?
I could not find one in the forms. I have provided these services a few times using a basic letter agreement with some limitation of liability clauses. Just wondering if there is something else out there.
Thank you.
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Brian McNew AIA
McNew Architecture, APAC
Shreveport LA
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