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  • 1.  CYA liability letter

    Posted 10-21-2025 05:46 PM

    Are there some examples of  standard CYA language I can use to absolve myself from future liability on a project?

     

    We have completed permit drawings for a phase 1 MF project, (Part of a much larger  mixed use project). But no permit received..yet, (thank goodness) because of non stop major changes the client wanted for the project.

     

    After 5 years of design work with this client, for numerous other projects as well, he has decided I am too expensive, and wants to hire different Architects to complete the project(s).  Fine, I am tired of working with him, and have plenty  of other projects. Glad to resign.

     

    However, client wants all CAD documents, presumably to to give to another, cheaper Architect. I am not racing to the bottom.  I have no problem giving those to him, after I delete my logo and stamp for the documents.

     

    However, I also want to write a letter stating I have no responsibility or liability again. 

    My insurance carrier says to hire an Attorney.  Sheesh. There must be a good standard out there. Seen one?


    David E. Christensen AIA, LEEDap
    Architect and Planner




  • 2.  RE: CYA liability letter

    Posted 10-22-2025 05:53 PM
    Hello, David - 
    What does your Owner-Architect Agreement say about this?
    Even AIA B105, short form owner-architect, article 3, says you are off the hook if no longer involved.
    But - I would suggest a few more steps:
      Repeat whatever your agreement says about not being responsible for what others do.
      State that you are not liable for consequential damages.
      Have them agree to hold harmless and defend any claims that might be made against you related to the project and to any other reuse of the documents
      Say you're not responsible for anything they do, and that since you won't be involved, ANY use is up to them to decide if suitable or not.
      Tell them no guarantee that your digital material will work for them, be compatible, etc.
      Have the new architect agree to that - you're just turning things over as-is.
    Definitely take out your obvious identifying items.  Be aware that there might be other cyber fingerprints in the files that point to you.
      Get Owner's and Architect #2's signed acknowledgement and agreement of your terms
      Get paid.
      Then give them the files.  Wish them well in your transmittal letter.

    I suggest you go over this with an attorney.  The insurance companies (any more) are very risk-averse and don't offer legal advice.  They *might* tell you if they would cover you under specific aspects of this hand-over.
    You might be able to get the name of an attorney or two that the insurers would have hired to defend you if you had continued with the project.  Those would be attorneys with some knowledge of professional liability and construction law.  

    --
    best regards,
    Joel Niemi     - Architect
    425.422.4276
    jniemiarchitect@gmail.com
    http://www.linkedin.com/in/jniemiarchitect





  • 3.  RE: CYA liability letter

    Posted 10-22-2025 06:51 PM
    Check your contract to see if you have something in it about instruments of service and how they're transferred and if you setup an initial cost for that service. 

    There is an AIA document that you can use as a starting point; https://aiacontracts.com/documents/c106-2022

    Best,

    Otto Ruano, AIA+NCARB
    Principal |     Studio OTTO

    347-508-1820  |  studioOTTO.co
    369 Lexington Ave. Suite 308
    New York, NY 10017     






  • 4.  RE: CYA liability letter

    Posted 10-23-2025 10:37 AM
      |   view attached
    David

    Attached is a form we have used in the past. We haven't used it in years, so I would suggest you thoroughly review it and update it as needed and for your specific needs. This is hopefully a good starting point for you. 

    Good luck,
    Dan
    ---
    Daniel Zimmerman, Registered Architect, AIA
    ALLOY: Architecture + Construction 
    1109 Rose Hill Drive
    Charlottesville, Virginia 22903
    tel: 434-977-8733
    www.alloyworkshop.com
    ---












    Attachment(s)

    pdf
    Electronic File Release Form.pdf   27 KB 1 version


  • 5.  RE: CYA liability letter

    Posted 10-23-2025 11:45 AM

    Thanks, Everyone!

    I have had several versions to blend now, that covers the basic idea, thanks so much. This forum is great to help one another with smaller firms.

    I tried to get something like this going with our local NW WA AIA Chapter, but when we were required to assimilate into BIG Sis Seattle Chapter, that option disappeared. I may pose more queries in the future. Thank you all so much.  

    I was President of out local AIA chapter several times (3 counties 120 members) over the years, and we would just call around to each other for help. There used to be a forum for small AIA chapters, which was great. Why re-invent the wheel for activities, education, public outreach, fund raising, scholarships, ideas, etc. ad infinitum, if another Chapter had success with another idea? But...National got rid of that forum also.  Sigh... This forum helps



    ------------------------------
    David Christensen AIA
    Christensen Design Management
    Bellingham WA
    ------------------------------



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