Small Project Practitioners

Small Project Practitioners sorted by thread
 
  Michael Loo;s question "Providing Design Services Only questionOct 28, 2013 8:14 PMJoel Carter, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionOct 29, 2013 5:35 PMDavid Cameron, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionOct 31, 2013 11:36 AMCraig Hausman, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionNov 01, 2013 6:33 PMDonald Wardlaw, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionNov 04, 2013 10:32 AMJohn Dugger, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionNov 06, 2013 12:54 PMGregory Holah
  RE:Michael Loo;s question "Providing Design Services Only questionNov 07, 2013 5:56 PMMr. Thomas Bank II, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionNov 07, 2013 7:04 PMEric Rawlings, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionOct 30, 2013 11:24 AMChristopher Remson, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionOct 31, 2013 5:23 PMDavid Edrington, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionOct 31, 2013 9:32 PMMr. Allen E Neyman, AIA
  RE:Michael Loo;s question "Providing Design Services Only questionNov 01, 2013 10:58 PMMr. Aaron Hoffmans, AIA
 

1.
Michael Loo;s question "Providing Design Services Only question
From: Joel Carter, AIA
To: Small Project Practitioners
Posted: Oct 28, 2013 8:14 PM
Subject: Michael Loo;s question "Providing Design Services Only question
Message:
By providing design services only, if you seal the drawings or documents, in my opinion the client or owner and other folks may take this to mean the drawings are not preliminary or for review only, and this could lead to liability due to the ambiguity created in putting a seal on the document. I've seen preliminary drawings with seals on them by some folks that were used to get building permits, and in some cases the architects knew about it, made a practice of doing this! Ouch, what a risk they were taking.

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Joel Carter AIA
Principal
Carter Architecture, Inc.
Myrtle Beach SC
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2.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: David Cameron, AIA
To: Small Project Practitioners
Posted: Oct 29, 2013 5:35 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
We do provide this type of service.  Don't be afraid of it, we are designers by trade after all.  You just have to be careful and make sure how you spell out the services. 

We provide a "Concept Design" contract that spells out the scope of services, what is included, and what is not, along with our opinion of required submittals if the project moves to a "bricks and mortar" phase.  DO NOT stamp or seal Concept Design drawings and be careful that you don't over detail or you may be an implied accomplice to non-approved construction activities.

The Concept Design contract gives you an opportunity to spell out services in the initial phase and what services would be required to finish the project for construction.  The paper trail of proper advising will be your friend.

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David Cameron AIA
Architect / Managing Member
Cameron Aslaksen Architects, LLC
Reedsburg WI
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3.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Craig Hausman, AIA
To: Small Project Practitioners
Posted: Oct 31, 2013 11:36 AM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
We, too, have long provided this service.  I concur with the need to create a stand-alone Contract which very clearly states what the intent of the documents is, as well as what they are not intended to be used for by the Client or others.  The latter can be reinforced with a hold-harmless 'style' clause.  We never stamp them...we view the stamp as something that intends to be submitted, which these clearly are not.  PDF's are the only out-put, never CAD; all are labeled "design-only & not for construction/submission."

Further, our insurance renewal form annually asks us to break-out the percentage of Design-Only work we provide.  The savings for work work that carries a lower threshold of liability may even reduce premium (ok, we all know premiums never go down...but...).

Many of our "Design Only" projects are for individuals who, of course are on a shoestring budget, BUT are looking for the creative, problems solving solutions that draftsmen and builders on their own may not come up with for them.  

Think of the countless edifices to "oh my God, why!?! why!?! why?" you have driven past wishing they had just consulted with an architect...perhaps you can lessen that by one or two...

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Craig M Hausman AIA
Principal
hausman* architecture
Sacramento CA
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4.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Donald Wardlaw, AIA
To: Small Project Practitioners
Posted: Nov 01, 2013 6:33 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
With respect to stamps, my understanding is that under CA law I may not prepare a drawing without my seal.  The seals are images on all the (CAD) drawings.  Every municipality I've worked with requires a signature over the seal and the absence renders the document not certified by the architect.

In addition I always place the disclaiming text, such as "Not for submittal, plan check or construction" on top of my seal.  I remove that text when the documents are suitable for those things.



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Donald Wardlaw AIA
More Than Construction, Inc.
Oakland CA
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5.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: John Dugger, AIA
To: Small Project Practitioners
Posted: Nov 04, 2013 10:32 AM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
As a public service and to maintain the integrity of the profession, I highly recommend putting a Notice of Limitation on any and all preliminary, conceptual or otherwise not final documents "For Construction". The reasons are manifold as experience teaches us.

Case in point: I was called on as a professional witness in a contractor mal practice suit brought by a homeowner. The homeowner hired a young architect employed by a large firm for a moonlight job. (The architect was alleged to be unable to go beyond conceptuals with the project due to contractual arrangements with his employer.)

The Preliminary Docs were used by the homeowner to contract with a Licensed Construction Supervisor and Licensed Home Remodeler. (Note: There are 2 separate licenses in MA, each with clear legal responsibilities. The latter with an insurance program to back up the homeowner in these cases.)  The contractor enjoyed a reasonable reputation for home additions and renovations though he turned out to be an out of work framer when he started his remodeling business and since had laid off most of his skilled help. Needless to say the execution was a nightmare hence the litigation.

At trial the defense was able to convince the jury that the shoddy execution by the contractor was the fault of the architect's incompetent documents. Despite the best efforts of the plaintiff's attorney and witnesses to explain the legal parameters of building 1 & 2 family homes in MA and the legal assumption of all responsibility by the contractor in this case, the bungling Builder got off!

No doubt in my mind the mostly elderly jurors were anxious to pin the problem on someone who was not in the room, but the message was sent that the ARCHITECT WAS AT FAULT, even though he was not a party to the construction project, and no action was ever taken against the Architect.

A simple notice to the effect that the plans were "CONCEPTUAL" and "NOT FOR CONSTRUCTION" would have put on notice everyone down the line that the plans were incomplete and further design work was needed.

No you can't make this stuff up, but shouldn't you protect yourself from it?

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John Dugger AIA
Principal Architect
J S Dugger, AIA & Associates
Gloucester MA
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6.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Gregory Holah
To: Small Project Practitioners
Posted: Nov 06, 2013 12:54 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
Here's a (somewhat related) hypothetical, though I'm sure it happens all the time.

The Architect is hired to design a house for Client X.  The Client fires the Architect / puts the project on hold after Preliminary Design.  A year later the Architect drives past the site and sees the house he/she designed for Client X.

In this scenario the Architect was originally contracted to design a house through Construction, however the Architect was only paid through Preliminary design.  The house got built "by others". What is the Architect entitled to?!

I would be very interested in hearing opinions on the matter.

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Gregory Holah
Principal
Holah Design + Architecture LLC
Portland OR
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7.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Mr. Thomas Bank II, AIA
To: Small Project Practitioners
Posted: Nov 07, 2013 5:56 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:

Quite clearly, that is a copyright violation.

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Thomas Bank AIA
Principal Architect
Simply Stated Architecture, P.C.
Lemoyne PA
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8.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Eric Rawlings, AIA
To: Small Project Practitioners
Posted: Nov 07, 2013 7:04 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
If you've done enough residential work, you've likely lost a client or two. Most of us like to tell ourselves it was their fault. If you give a client enough information to build from without giving them a set of permit worthy documents, then maybe you've had this hypothetical situation occur. I believe if you're doing your job to solve their problems and sell yourself as most essential person to ensure their home will be everything they want, then this should never happen. Once you have a decent portfolio of built work, this situation becomes more and more hypothetical.

In my experience, I've had many clients come to me after being dissatisfied with their Architect or "architect" and most of them complain about a lack of responsiveness followed by design solutions that didn't match the request of the client. Managing your time and rotating your clients through the system so that they may need to wait to get to you, but they get your full attention when their turn comes up, is essential in ensuring they get a good experience.

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Eric Rawlings AIA
Owner
Rawlings Design, Inc.
Decatur GA
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9.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Christopher Remson, AIA
To: Small Project Practitioners
Posted: Oct 30, 2013 11:24 AM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
Unless something's changed, it was required by our licensing law that everything produced and issued by an architect should receive a seal or stamp when it leaves your office, regardless of whether or not it is for construction purposes.  I know nobody actually does this, but many architects misconstrue the meaning of the seal, thinking that it somehow relieves them from liability if they issue drawings without it.  The law assumes that as a licensed architect, you are held to a higher standard when it comes to everything architectural, whether it be feasibility studies, preliminary designs or construction documents.  Therefore, if you produced it and issued it, it is as good as stamped whether or not it actually is.    Therefore, if you are a licensed architect, you can't simply not stamp a drawing and issue it assuming you carry less liability for it. 
Regarding Michael's concern, you can be sued for anything, but if you clearly state the intent of the documents as preliminary and not for construction, they would have a difficult time pinning the liability on you. Bottom line is you can't totally protect yourself from unscrupulous clients, so be careful who you work for.  If the "voice inside" says stay away, you likely better off to heed this warning. 

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Christopher Remson AIA
Principal
Remson | Haley | Herpin Architects
Baton Rouge LA
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Original Message:
Sent: 10-28-2013 20:14
From: Joel Carter
Subject: Michael Loo;s question "Providing Design Services Only question

By providing design services only, if you seal the drawings or documents, in my opinion the client or owner and other folks may take this to mean the drawings are not preliminary or for review only, and this could lead to liability due to the ambiguity created in putting a seal on the document. I've seen preliminary drawings with seals on them by some folks that were used to get building permits, and in some cases the architects knew about it, made a practice of doing this! Ouch, what a risk they were taking.

-------------------------------------------
Joel Carter AIA
Principal
Carter Architecture, Inc.
Myrtle Beach SC
-------------------------------------------




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10.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: David Edrington, AIA
To: Small Project Practitioners
Posted: Oct 31, 2013 5:23 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
Christopher,
I think you are correct, at least in regards to how the practice laws and administrative rules are written for Oregon.

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David Edrington AIA
David Edrington, Architect
Eugene OR
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11.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Mr. Allen E Neyman, AIA
To: Small Project Practitioners
Posted: Oct 31, 2013 9:32 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
In all the states I am registered as architect, the seal is required to certify that design work is proper for use as a construction document. The seal is not a badge of honor nor a
measure of competence. It is an instrument for certification for compliance and conformity - important and absolutely necessary in civilized world. I am less enamored by the status it conveys than I labor to stay competent and hopefully relevant in the service and product.

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Allen E Neyman
Rockville, MD

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12.
RE:Michael Loo;s question "Providing Design Services Only questio...
From: Mr. Aaron Hoffmans, AIA
To: Small Project Practitioners
Posted: Nov 01, 2013 10:58 PM
Subject: RE:Michael Loo;s question "Providing Design Services Only question
Message:
Michael,

Licensing requirements differ from state to state. I have a license in more than one state I can say from experience seal requirements for the instruments of service vary by state and municipality. Personally I would not seal any document not required by that governing authority. I suggest double-checking with your state's department of licensing to make sure you're meeting the laws that govern your license. Also I might add there's nothing wrong with providing design services only. Just outline in your contract that the Instruments of Service for this project are not to be used for any construction purpose or building permit. On your title block state a disclaimer something like this: "these drawings and specification are the unpublished work of _________ and shall not be used for construction purposes or permit approval."

I hope this helps.

All the best,
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Aaron Hoffmans AIA
HOFFMANS ARCHITECTURE, PLLC
Camas WA
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