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  • 1.  Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-16-2025 11:10 AM
    Question for the community - on a small mercantile tenant fitup project the client, a builder, wishes to design/build the MEP on the project, and I will not be the lead certifier of the permit submittal package. The client does not wish to retain the MEP/FP consultant I have proposed.  My thoughts to avoid being the sole certifying professional is one of 3 approaches:
    1. Submit architectural plans to the jurisdiction, include reference to the client subcontractor approach, and have the subcontractor entities seek their own building permits, with language in my contract with the client waiving responsibility for their work.
    2. Include the subcontractor plans under my prime contract with language that waives my responsibility for their work.
    3.  Insist on using my MEP team as the lead and allowing SOME design work to be done by the client subcontractors that feed into the MEP prime package.

    Its a small job, I get why the client prefers this approach, do not wish to be liable for this arrangement.  Any thoughts or feedback is appreciated.



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    Maury

    Maury S. Saunders, AIA | NCARB
    President, MSStudioarchitecture LLC
    Reston, Virginia 20195

    v  | 202.642.3155
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  • 2.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-16-2025 06:11 PM
    Edited by Youssef Matta, AIA 10-16-2025 06:11 PM

    I would explain to the client the pros and cons of each approach and clarify that you will charge 20% of the MEP design fee for coordination purposes. Regardless of whether you proceed with option (1) or (2), coordination and redesign will still be necessary to accommodate the MEP systems. If the subcontractor performs and provides drawings on time, that's fine-though, in my experience, that rarely happens. They often propose cheaper systems that compromise the design intent; I've had to push back before when bulky fan coil units were placed awkwardly in the middle of rooms.

    If you have leverage with the client, I'd recommend going with option (3). Otherwise, proceed with option (1) plus the coordination fee.



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    Youssef Matta
    Principal
    Impact Architects, LLC
    Gilbert, AZ
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  • 3.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-17-2025 04:35 AM
    The first approach makes the most sense, and is one we have often used. You are responsible for the architectural work, and the contractor or their subcontractor are responsible for the MEP work. (There are many jurisdictions where these are completely separate permits.)


    Jerry Roller
    JKRP Architects
    Sent from my iPhone



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  • 4.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-17-2025 08:36 AM

    When I had my own firm, 1. almost exclusively, unless it was a larger project and then I retained my MEP consultants.  My proposal, drawing notes and specifications all listed MEP "by owner/contractor".  My proposals detailed my scope of work and had an exhaustive list of what is "extra services", including MEP coordination of owner-supplied consultants. 



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    Jim Spinola, AIA, CSI
    Specifications / Quality Assurance
    Pennsylvania
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  • 5.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-17-2025 01:34 PM

    Alternate MEP.

    I would have the Owner enter with a Construction Manager then you will still be the architect of record just without all the risk. Similar to what you implied in your choice for sole responsibility. Might actually save the Owner some cost. Hope this helps. May be a good chance to try BIM with new folks. Remember small projects can still bite back. Dean Tidwell AIA NCARB



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    Dean Tidwell AIA
    DEAN+AIA
    Riverview MI
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  • 6.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-17-2025 07:56 PM

    There are some good thoughts in some of the comments, but I don't think that you should pick the option to pursue - the Owner should. Develop a proposal that outlines all 3 options, describing your role, approach, and limitations of liability for each one, and the associated fee. There is a value to your coordination skills, so you should put a price on those skills based on how much time it will take you to to complete the work. If you think it will be less effort on your part to coordinate your own MEPFP team, your **** should reflect that, and may make that option the most cost effective. This is as simple as it sounds: frame the proposal as Option 1, 2, 3, describe what you will do and what the Owner (and Owner's separate contractors) are responsible for, and the associated fee for each option. I don't know the Owner's priorities as well as you, but you can tailor a multi-option proposal to suit their needs and make sure that you get paid appropriately for each option and that your risk is mitigated accordingly. 

    While I agree with Youssef Matta's opening statement that you should explain the pros and cons of each approach, I would not blindly recommend any percentage of MEP design fee for your services. You may have no control or knowledge of the quality of their deliverables and/or what fee value is going to be presented to you. 20% is a shot in the dark. Ideally you could just charge a straight hourly rate + reimbursables for this service, but if you are going to be held to a fixed fee, you need to protect yourself with a conservative fee. Oddly enough, this could be the opportunity to explain risk protection to the Owner and let them know that if you don't know what you're getting into AND you need to submit a lump-sum fee, it will necessarily be high. 

    These can be hard conversations to have with Owners, but I've found that that the "three options" fee proposal opens the door to talk about what the Owner is getting in each scenario and can help introduce transparency into your fee structure as well as give you the chance to speak to your skills and the value you bring. Sometimes the one fee-one description with disclaimers can feel oppositional to an Owner.



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    David Mentzer AIA
    Dore + Whittier Architects, Inc.
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  • 7.  RE: Builder Subcontractors as Designers and Permit Certification under Architect's Umbrella

    Posted 10-20-2025 04:17 PM
    Maury, 

    If # 3 is not accepted by the owner I recommend............ 
    A. Make sure you are getting some fee to manage the transfer of MEP's project information throughout the duration of the project - from bidding to final payment.
    B. Make sure separation of owner's MEP consyultant's permit documents is clear to the AHJ permitting authority.

    I concur with #1 as 1st preference. Check with your AHJ to, 1) confirm for the project type and permit type that they will accept documents piecemeal, and 2) whether they will or will not start reviews of any docs until all required documents are submitted.  Inform your client of the AHJ requirements.  

    For #2, that should also be fine - and clearly note/include in a box on your cover sheet that the MEP engineering shall be a separate permit submittal under the Owner, who the Owner's consultant is and that the documents are being included for information only and not permit and that the Owner's MEP consultant will be submitting separately for applicable engineering permits.

    I will send you some additional perspectives separately.

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    Michael L. Katzin, AIA

    e|  mlkatzin@gmail.com

    | 470.469.5586 
    Member | City of Johns Creek Planning Commission

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