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.
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Ivan Contreras, LEED AP, AIA
Qualifier | Director
CONTRERAS MUNOZ & CO
Miami FL
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Original Message:
Sent: 10-21-2021 09:41 AM
From: Joseph McNinch
Subject: Project Brought to You After Previous Architect Passed Away
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?
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Joseph McNinch AIA
Rochester NY
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