Check your state laws. Here's South Dakota's, with underlines added by me. You should make sure you know what your state says. (It would be nice if building officials and our State Board consistently enforced these statutes, but why take the chance of losing your license?):
20:38:37:02. Prime professional. The prime professional is the licensed architect or professional engineer who leads the design team and manages the design project. A prime professional is required for any project that requires the coordination of multiple disciplines, such as, architectural, landscape architectural, civil, structural, mechanical, or electrical engineering. The prime professional is charged with the coordination of the design and
construction administration services.
The prime professional may require testing and uncovering of work to determine compliance with approved plans and specifications. The duties of the prime professional include the following:
(1) Acts as point of contact for the project team during the design phase to ensure dialogue among participants, including owners, contractors, developers, design professionals, government bodies, and building officials;
(2) Verifies that the submittal to the building official is compatible and coordinated and provides a logical and comprehensive document;
(3) Verifies that the design submitted is complete, and that all requirements for calculations and specifications are complete and accurately delineated on plans and related documents;
(4) Acts as point of contact during the review process with the building official and provides for timely response to questions, corrections, or requests for additional information on any element of the design package;
(5) Acts as point of contact
for the design team following permit issuance, responds to changes, clarifications, and additional information that may be required from members of the design team to owners, developers, contractors, or building officials; and
(6)
Coordinates construction administration services.
20:38:37:03. Construction administration services. Construction administration services shall be provided by a licensee practicing within the licensee's profession and comprise the following minimum services:
(1)
Visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the contract documents and technical submissions; (2) Processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents to assure general accordance with the plans and specifications; and (3) Notifying the owner, the client, the board, and the building official of any observed and uncorrected code violations; changes that affect code compliance; the use of any materials, assemblies, components, or equipment prohibited by a code; major or substantial changes between such technical submissions and the work in progress; or any deviation from the technical submissions that the design professional identifies as constituting a hazard to the public, which is observed in the course of performing the professional's construction administration duties. The project's architect or professional engineer shall
report to the board and the building official if neither one is engaged to provide construction administration services. 36-18A-46. Construction administration services to be provided by architect or engineer.
No person other than an architect may provide construction administration services on an architecture portion of a project that is not exempt pursuant to § 36-18A-2. No person other than a professional engineer may provide construction administration services on an engineering portion of a project that is not exempt pursuant to § 36-18A-3. The architect or professional engineer of record, or another designated architect or professional engineer without conflict of interest, shall provide a written report of observed deficiencies or variations from the submitted plans and specifications to the building official, owner, and builder before project completion. The board may promulgate rules pursuant to chapter 1-26 to establish construction administration services criteria including coordinating and prime professional criteria for persons licensed by the board.
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Robin Miller AIA
MSH Architects
Sioux Falls SD
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Original Message:
Sent: 02-06-2019 17:34
From: Richard Tokarski
Subject: Waiving Liability w/ no CA services
Adriene,
Don't think all your liability is waived if they don't hire you for CA. Talk to your lawyer. This is language that we use:
If the Owner chooses not to include Construction Phase Services as part of this Agreement, the Owner shall be solely responsible for interpreting the Contract Documents and observing the Work of the Contractor to discover, correct, or mitigate errors, inconsistencies, or omissions. If the Owner authorizes deviations, recorded or unrecorded from the documents prepared by the Architect, the Owner shall not bring any claim against the Architect and shall indemnify and hold the Architect harmless from and against all claims, losses, damages, and expenses, including but not limited to defense costs and the time of the Architect to the extent such claim, loss, damage, or expense arises out of or results in whole, or in part from such deviations, regardless of whether or not such claim, loss, damage, or expense is caused in part by a party indemnified under this provision.
-Rick
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Richard Tokarski AIA
Principal
Tokarski Millemann Architects
Wall NJ
Original Message:
Sent: 02-05-2019 12:12
From: Adrienne Turner
Subject: Waiving Liability w/ no CA services
I'm hoping I can get some advice on clients who would like to engage my services through building permit only. I have language in my contract that states that liability is waived should I not be retained for CA. If it is already agreed upon that the client does NOT want CA (or construction documents for that matter) do I have them sign the contract anyway knowing I will be waiving liability? Should I even contract with an owner who is requesting up to permit drawings only, and sign and seal those drawings? I'm happy to do Schematic Design services only and I have a separate contract for that but this would be a first where a building permit is requested.
I'm asking in general but the project in question is an interior renovation of a Master Suite in a condo building.
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Adrienne Turner AIA
Owner
Swiatocha Architecture & Design
Philadelphia PA
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