In no particular order, but it seems like all of these should be done:
1. Talk to your professional liability insurer. How much of his work will they cover you for?
1a. If you do take the project(s) over, will they charge a one-time premium for the added responsibility?
2. Read your state's rules about what you are responsible for.
3. Contact his professional liability insurer.
4. Review the relevant building code to see what it says about changing the "professional of record" during a project.
5. Talk to the AHJ about what you might be responsible for.
Can you "fix" the parts of his work which need updates, and stamp/sign the drawing with a note that says "I'm only responsible for these specific parts" ?
Does the AHJ / local code require the design professional to be involved during construction? If yes, your liability insurer will be interested.
Will his liability insurer sell his widow "tail" insurance that could cover his prior work? If there is a liability claim, he and his estate would probably be named. Better for her to let the insurer deal with that.
My wife has asked me, a few times, the proverbial "what do I do with your in-progress projects if you are hit by a bus?" The best I've come up with is "someone will be able to extract drawings from the computer". One of those topics often swept under the rug.
------------------------------
Joel Niemi AIA
Joel Niemi Architect
Snohomish, WA
------------------------------
Original Message:
Sent: 10-21-2021 09:57 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?
------------------------------
Joseph McNinch AIA
Rochester NY
------------------------------