Fichas
Owner's and Contractor's Legal Claims Against Architects
Fichas del conjunto (8)
- 1What happens if the architect gets sued?A formal claim is filed by the Owner or Contractor. The architect will have to answer the demand or complaint in a legally sufficient manner. Legal counsel must be engaged. If the architect has Liability Insurance, they must notify the Insurance Company.
- 2What will the lawyer expect to see in order to prepare a defense?All relevant documents and records.
- 3List some items pertaining to the pre-construction phase.Owner-Architect Agreement and all amendments and early drafts
Minutes and informal notes of all meetings with owner, material and equipment manufactures, and consultants.
Owner's design program and criteria
All design criteria developed by architect or consultants
Copies of all disclaimers and disclosures sent to the owner by architect or consultants
Correspondence to and from owner and all owner's advisers
Memorandum to file
Insurance Policies
Appointment books, telephone logs
Design sketches, presentation drawings, and presentation writings
Construction drawings and specifications
etc. - 4List some items pertaining to the construction phase.Construction contract documents including owner-contractor agreement, general, supplementary, and special conditions, construction drawings.
Modifications to the construction contact documents such as contract amendments, change orders, construction change directives, and architect's written orders for minor changes.
Advertisement for bids, bidding instructions, and sample forms.
Minutes and informal notes of all meetings with contractors, subcontractors, and suppliers.
Shop drawings, both rejected and approved;
Correspondence and memorandum to and from contractors, subcontractors, and suppliers
etc. - 5List some items pertaining to the post-construction phase.Contractor's written agreements and mechanics' lien releases
Correspondence relating to owner's request for warranty service
Operating instructions and equipment lists submitted by contractor
Record drawings and marked-up prints and specifications submitted by contractor
Photographs of completed project and photographs illustrating maintenance standards
Certificate of Occupancy
Notice of Completion
Bids or contracts for Maintenance service. - 6What are the obligations of a professional witness?To answer honestly, openly, and completely!
- 7Explain how partial services can attract third-party claims.The developer is under no obligation to the architect, such as in complying with the drawings, and therefore misconceptions in interpretations of the documents are frequently carried into construction.
- 8List some ways to attract a lawsuit.Overselling, the empty promise of perfection
Exhibiting Professional Liability Insurance
Lack of Communication with the Client
Failure to Answer letters or emails and return telephone calls
Sitting on Complaints
Not checking the Work Product
Violation of Sound Business Principles