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The Custom Residential Architects Network (CRAN®) Knowledge Community develops knowledge and information to benefit architects who are engaged in, or who are interested in learning more about, custom residential practice. CRAN® presents information and facilitates the exchange of knowledge and expertise to promote the professional development of its members via discussion forums, national symposia and conventions, publications, and local activities.

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  • 1.  Project Brought to You After Previous Architect Passed Away

    Posted 10-21-2021 09:41 AM
    I'm not sure if this is the correct forum for this or not but here goes. 

    I recently had a close friend (RA) pass away; his wife had asked if I could help some of his existing clients.  He had many projects in various stages of completeness, some just beginning, and some already permitted.  One of his clients reached out to me to discuss his project, and I am wondering what I should do...

    The project is a small single family residential structure that has already been stamped, signed, and submitted for permit.  The AHJ, and Owner, have requested some modifications to the foundation plan and associated sections and details.   In the Owner's eyes, this is a small ask, but as the 'new' Architect to the project, I have no idea what the proper protocols/legalities are of modifying another Architect's work is, let alone one that has passed away. 

    Would creating an ASI with my stamp and signature be OK?  Or would I need to completely re-do the entire project on my title block and take ownership for the entire project?  I'm not interested in doing the latter, and I am sure the Owner isn't interested in paying for the project again.  I'm trying to assess the best way to help an old friend and his wife.  Does anyone have any experience in this predicament? 


    ------------------------------
    Joseph McNinch AIA
    Rochester NY
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    CRAN March AIAU Course


  • 2.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-21-2021 10:16 AM
    I'd say you would have to own the project as if you designed it from the beginning, and you should give it the same attention you would as if you were the architect from the start of the project.

    As an expert witness, I helped a fellow architect who took over a project when the first architect refused to make necessary changes (a structural beam was missing). Nine years later, when the case finally went to court, it was discovered that he was actually the third architect. He prevailed at trial, but lost nine years of his life for having taken over as the architect of record, inheriting all the design flaws of the previous two architects.

    The litigious owners didn't fare half as well. They spent $450K suing him over a $1Million addition, turned down a settlement offer of $180K, and still had to pay $60K to complete the work that was left undone when they terminated the GC.

    Nobody "won" that one.

    I could tell you about another case where an architect completed a project when his employer passed away, and the limited scope of his work was deemed the cause of a wrongful death by a fire which ironically was caused by the deceased.


    David Del Vecchio, AIA, CID, NCARB, LEEDap, RCS
    2010 AIA New Jersey Architect of the Year
    2007 AIA New Jersey Distinguished Service Award

    david del vecchio, architect
    a limited liability company
    architecture - interior design - sustainable design
    expert witness - building code consultations
    design-build - construction management

    4 Alden Street
    Cranford, NJ 07016

    t. 908-272-6000
    c. 908-670-8162
     
    dave@delvecchio-architect.com
    www.ddvaia.com

    NJ Registered Architect No. 11758
    NY Registered Architect No. 24330
    CT Registered Architect No.13928
    PA Registered Architect No. RA408241
    FL Registered Architect No. AR99489
    MA Registered Architect No. 951755

    NJ Certified Interior Designer No. 74
    RCS Building Inspector No. 7256

    NCARB Certificate No. 123540
    LEEDap No. 10240914
    NJ Cert. of Authorization No. AC00082900



    CRAN March AIAU Course


  • 3.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-23-2021 11:25 AM
    I'm interested in this discussion because I was recently told offhand by a fellow Architect (we are both solo Architects) that he had advised his wife - and had at times commented to clients as well - to turn over all his existing projects to me if something should happen to him...

    Outside of the liability questions of the actual projects, my first thought was about attempting to accommodate all of his projects into my schedule along with whatever current projects I may have. Further complicating issues, I (unfortunately) also know that he is operating as a sole proprietorship (I am an S-Corp), without liability insurance, and with fairly ancient and unlicensed CAD software. At the very least, to be able to move forward, I would likely have to reconstruct any documents in my own software and charge significantly more to cover my operating costs (licensed software, insurance, etc) and any schedules or deadlines would be thrown out the window to accommodate my own workload at the time.

    To say that I was taken aback by his casual comment is an understatement...

    ------------------------------
    Thomas Bank AIA
    Principal Architect
    Simply Stated Architecture, P.C.
    Lemoyne PA
    ------------------------------

    CRAN March AIAU Course


  • 4.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-25-2021 09:05 PM
    Joseph:

    I would caution you against getting involved, but if you did feel that you needed to take it on, I'd suggest contacting your prof liability agent first - they may have some experience with this sort of thing.

    I would urge you getting a signed agreement with the Owners, and that "hold harmless" clause for the documents as they exist prior to your involvement be a centerpiece of that agreement. Beyond that, I'd also get a "limitation of liability" clause on your own work limited to fees you are paid for your work on the project. If they balk - move on immediately. You're doing them a big favor - and they should understand it's not untoward of you to ask for these stipulations; the lion's share of the work isn't yours, wasn't done under your supervision, etc. You might want to see if your state board of registration has any guidelines for this as well.

    If you can get these, then I'd just send your agreement to your agent, as a final "back check" to see if there are any other items they want included in this circumstance.

    I hope the foregoing is helpful.

    Best,

    Gene Kniaz
    Tempe, AZ

    ------------------------------
    Eugene Kniaz AIA
    Owner/Principal
    | SPIRAL ARCHITECTS |
    Tempe AZ
    ------------------------------

    CRAN March AIAU Course


  • 5.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-26-2021 05:28 PM
    Check with you state's licensing board. Your state may require you to do a written review of the previous architect's work.

    Ed Elliott
    Architect
    (914) 747-5039



    CRAN March AIAU Course


  • 6.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-27-2021 08:09 PM
    However you approach it, a lawyer should provide a strong clause in your contract defining the limits of your liability inheriting another architect’s instruments of services. If your client objects, maybe consider declining the project as difficult as that may be. Your insurance carrier should also provide language to include.

    Good client relationships can take a bad turn quickly. Best to protect yourself in the long run.

    Best of luck.

    John Lee
    AIA LEED AP CPHD
    New York, NY

    Sent from my iPad


    CRAN March AIAU Course


  • 7.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-27-2021 08:26 PM
    All, 

    I want to thank you for taking the time to give me your advice.  I spoke to the individual with the request and thanked them for the opportunity to continue their project, but regretfully had to decline.  Current workload and home life were the main reason, but the uncertainty of the project legalities tipped the hand.  I did however give the contact information (after speaking with him) of a friend of mine who is also an Architect, and positioned in such a way that taking on the project may make sense for him.  I did let him know all the advice I received from you all, as well as what literature I dug up on the NYS website pertaining to altering another Architects documents; at this point it would be up to him to accept it.

    Ultimately the client understood.  It never feels good to turn down work, especially given the circumstances, but it felt right to do so.

    Thank you all again, I appreciate this community's willingness to share their expertise.


    ------------------------------
    Joseph McNinch AIA
    Rochester NY
    joemcninch@gmail.com
    ------------------------------

    CRAN March AIAU Course


  • 8.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 10-29-2021 08:47 AM
    Yes on limits for sure.
    We have a project that was blues skies until the end of construction. Including client gifts and food and happiness.
    Now the owner is unhappy.
    He brought in another forensic architect to see if we did our job.
    Now the builder is named for defects.
    Our E and O has been notified. We have not been named but our limit of liabilities has come up. So glad we have that language in the contract.

    Sent from my iPhone


    CRAN March AIAU Course


  • 9.  RE: Project Brought to You After Previous Architect Passed Away

    Posted 11-01-2021 06:38 PM
    Hi Joseph,
    I am really sorry for the passing of your friend. this is an normal aspect of life we never get to think about... we all die one day.
    with respect to work in progress, your state laws may contain provisions that would let the firm finish started projects, and some leniency in terms of finding a new qualifier. Your inherited client may or may not want to waive certain liabilities. there are also AHJ issues with a change of Architect, in which we are really not supposed to take someone else's work and make our own; we are expected to create original work only, extensive to our engineering consultants.
    But the bottom line is, the deceased took deposits for uncompleted work, which currently may have no value to the Client/Owner. the ethical thing to do is return the money, thus enabling client to find another Architect.
    For the rest of us who seldom think about the inevitable outcome, I recommend getting life insurance for the firm, for key persons. such an event could end the firm or worse, create a burden on partners and successors.

    ------------------------------
    Ivan Contreras, LEED AP, AIA
    Qualifier | Director
    CONTRERAS MUNOZ & CO
    Miami FL
    ------------------------------

    CRAN March AIAU Course