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  • 1.  AIA Contract Document for Expert Witness Services

    Posted 11-26-2024 02:24 PM

    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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  • 2.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-02-2024 09:05 AM

    Brian,

    I was part of the AIA Documents Committee for a dozen years and I don't recall any discussion about this topic.  I'd be happy to forward it to them for consideration among a lot of others that they look at when making selections.



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    Arlen Solochek, FAIA
    Owner/Principal/Founder
    Arlen Solochek FAIA, Consulting Architect
    Phoenix, AZ
    ArlenSolochek@gmail.com
    ------------------------------



  • 3.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-02-2024 07:17 PM

    "It would seem" that there might be differences between states in terms of how the agreement would need to be stated, etc



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    Joel Niemi AIA
    Joel Niemi Architect
    Snohomish, WA
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    Original Message


  • 4.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-02-2024 10:47 PM
    Good evening
    This is an interesting topic but I would offer that some attorneys have their own agreements when engaging an expert.
    Having done this type of work for over 17 years, I believe the simpler the agreement the better.
    I also remember when AIA developed an agreement for pro bono work that some perspective clients thought was an over kill.


    Have a great day!
    John Ehrig, FAIA
    J P Ehrig Consulting, LLC

    Sent from my iPhone, please excuse any typos, sometimes I'm all thumbs!
    😊


    Original Message


  • 5.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-02-2024 11:40 PM

    So, continuing good discussion on this topic.

    We've all run into clients that prefer or insist on using their own custom written documents and agreements. Then, I'd suggest, that the AIA Documents still have value because:

    1. All of them are editable- perhaps you can use an AIA Document and make certain edits or compromises that in the end, creates a more fair and balanced agreement than the client's custom document provides.
    2. The AIA Documents are written generally to provide recommended minimum terms and conditions intended to fairly place and divide responsibilities and risks. Use them as a checklist and comparison vs. the custom document that you're being presented with.
    3. AIA Documents can provide leverage in negotiating unacceptable terms and conditions in a custom written agreement.  AIA Documents are written to reflect practice, not create it, so if you see something in an AIA Document, it's likely used in a significant number of practices across a wide variety of project types and locations.  It's easier to use the Documents as an example of either "this is how everyone else is doing it" or "this just isn't the way that most agreements are being written" as leverage to negotiate unacceptable terms or include others.

    The Pro Bono agreement mentioned fulfills all of the above. Users can edit it down to what they feel is acceptable, but it had minimum risks and responsibilities assigned. It also provided some important protections for architects that they many not have considered or been able to include otherwise including a rare limitation of liability clause.   



    ------------------------------
    Arlen Solochek, FAIA
    Owner/Principal/Founder
    Arlen Solochek FAIA, Consulting Architect
    Phoenix, AZ
    ArlenSolochek@gmail.com
    ------------------------------

    Original Message


  • 6.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-03-2024 08:00 AM
    Arlen,
    I agree with all your comments regarding AIA Documents. During my career I have been a strong proponent of using them, knowing that they are the “industry standard.”

    From my experience in the litigation arena, I found most problems arise when architects stray away from using the “Docs”.

    If the Documents Committee decides to take this on, I’d be happy to help.
    John Ehrig FAIA


    Original Message


  • 7.  RE: AIA Contract Document for Expert Witness Services

    Posted 12-02-2024 09:05 AM
    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







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