Construction Contract Administration

 View Only

Community HTML

A crane

Quick Links

Who we are

The Construction Contract Administration Knowledge Community (CCA) has been established to help our members better understand the issues, actions and resultant impact of the decisions required in this often neglected part of Project Delivery. It is our goal to provide clear answers to issues of concern to the Institute’s membership and share case studies and best practices. We further hope to provide guidance and direction in developing guidelines for new and evolving approaches to Project Delivery as well as guidance in the continuing education of our emerging young professionals.

     

How to connect

- Join to get occasional emails with new content and resources.
- Post on the discussion board to ask questions and share ideas.
- Read a CCA white paper - or contribute your own!
- Attend an upcoming event such as webinars and conferences.
- Provide feedback on what you'd like to see from your CCA community at cca@aia.org.

Expand all | Collapse all

Delegated Design vs Design Assist vs. Information Involvement: Design Collaboration on Construction Projects

  • 1.  Delegated Design vs Design Assist vs. Information Involvement: Design Collaboration on Construction Projects

    Posted 03-11-2024 09:43 AM

    Do you know the difference between Delegated Design vs Design Assist vs. Information Involvement as your firm is developing the design and construction documents? For a long time, it seemed like every industry, every contractor, and even most architects, had different definitions and understandings of what each of these phrases meant, which often lead to unmet expectations, or worse, unexpected liability. 

    It's important that you do, including what the expectations are regarding payment, reliance, and liability for the information that is provided by the contractor, trade subcontractors, and suppliers. AIA, in partnership with AISC, has produced two whitepapers that attempt to codify the definitions of each of these items and the expectations for each. 

    AIA Contracts also has created formal agreements to include in your contracts if you are inclined to make these expectations legal requirements, which may or may not be needed depending upon the extent that architects are asking for and relying upon information provided by others. 



    ------------------------------
    Arlen Solochek, FAIA
    Owner/Principal/Founder
    Arlen Solochek FAIA, Consulting Architect
    Phoenix, AZ
    ArlenSolochek@gmail.com
    ------------------------------


  • 2.  RE: Delegated Design vs Design Assist vs. Information Involvement: Design Collaboration on Construction Projects

    Posted 05-31-2024 04:46 PM

    Arlen, Thanks for sharing these great resources again. I recall an AIA webinar a few years ago where these were referenced. We recently had a discussion in our office about Delegated Design (and a little of Design Assist). I think where I get hung up is in the review of delegated design submittals. As with all submittals we review for general conformance with the contract documents, but it can be tricky on knowing where the line is of what to comment on and what not to. That is also why it needs to be clear in the specifications and drawings what the performance and design criteria are. 



    ------------------------------
    Sharon Day AIA
    GWWO Architects
    Baltimore MD
    ------------------------------



  • 3.  RE: Delegated Design vs Design Assist vs. Information Involvement: Design Collaboration on Construction Projects

    Posted 28 days ago
    Sharon,

    The practice of Architecture has been, and continues to be on a downward course. Design-Build, Early Bid, and Construction Management, instituted by architects, has been taken over by contractors and non-licensed so-called experts that have pushed the architect and the entire professional design team out of the build picture. Today, the primary mission of most architects is to come up with a design that we are led to believe meets our clients needs, and create limited construction documents that the client and contractor agree to, and assist in getting a building permit.

    Once the permit is obtained, the architect, engineers, and other professionals are pushed to the side. Now starts the game of cost cutting, value engineering, and substitution of materials and systems that many times do not even work together. The architect is supposed to be an Officer of the State in the Build Environment. However, neither the public or owners know or understand the architect's responsibility. 

    An architect is like the conductor of an orchestra. As a conductor the architect may base his designs on those of past architects, or create an entirely new theme. The architects pulls together other professionals in structural engineering, mechanical, electrical, and plumbing engineering, civil engineering, food service, acoustics, cost estimating, etc. similar to a conductor putting together the correct specialty sections for the music that the orchestra is to perform.

    Unfortunately, in todays world, the architect and the professionals who created the design and the documents are rarely involved in the construction administration process. Over my 40 years of practice, I have witnessed the gradual decay of the duties and responsibilities of the architect. I have witnessed State Legislatures debate the need to licensed architects period. As the responsibilities of the architect and the entire professional team are dismissed by the contractor, construction manager, or even the client, the liability for the structure still remains with the professional team of record.

    Most state architectural board require the architect and  the architect's team provide construction observations and, the state boards assume, proper guidance/interpretation of the documents prepared by the architect of record and the team.  However, in many cases, this responsibility is taken away by others while the architectural team of record continues to be responsible for the finished project, whatever that maybe. In my 40+ years of practice I have had documents taken from me by state and county organizations that were my clients, and had these documents then approved by state or local inspectors over my objections. There are thousands of buildings like those in Florida that collapsed, where a direct line can be drawn back to a developer, contractor, or construction manager where substandard products, systems, or construction execution have been used.

    This practice of bypassing the design team and the intent of the team's documents has only accelerated with the rise of PPP type of construction, or the design and building of specialty buildings by an owner, only to then be sold to an investor group. The client/occupant may agree to occupy the said building under a 10-year lease with may be options for 5-year lease renewals, but the building itself is not code compliant and has deficiencies that at some time will have to be addressed.  Hopefully, no one will die in that time period of when the building is built and the deficiency presents itself.

    I had hoped that the State Boards, NCARB or someone would recognize this issue and require the professional team of record to observe and report on the team's design as it was built. Unfortunately, State Boards can put requirements in their licensing regulations, but without any real teeth, real observations, reporting, substituting of specified materials with substandard or even harmful materials will continue. My real white knight for saving the profession and the public to which all architects and engineers serve was the professional insurance industry. Again, this group too has failed to challenge the removal of the design team of record with the the substitution of non-licensed interpreters who would have the same knowledge and liability as the architect and the architect's professional design team.

    The future for architects and the profession appears very bleak to me. At some point down the road I envision an entire room on designers and CAD operators designing a building. Off in a corner is an architect who is registered in every state. At the appropriate time, the architects seals the documents and the project goes out the door. The design organization is owned by the workers, a design-build contractor, or some other entity. The architect is merely a figurehead employee of the larger group. The architect is a necessary evil to the design-build team who is needed due to state or federal regulations. The architect's seal is all that matters.

    David N. Hauseman, AIA, CSI, NCARB, ACI

     

    The Hauseman Group

    360 Saddle Creek Circle

    Roswell, GA 30076

     

    Office:   404.231.5900

    Cell:      404.808.5951

    Email:   dhauseman@hauseman.com