Construction Contract Administration

I was involved some years ago reviewing documents for a lawsuit in exactly this situation.  The Architect was not involved in the CA process, which left the contractor basically doing anything that they wanted adn subsequently  approving it.  There were no submittals, there were no as-builts, and no documentation of what was actually constructed.  I assume the Owner and Contractor just worked out the pay applications without any oversight.   As you might expect, the building leaked like a sieve, and the contractor's attorney was attempting to claim that the contract documents were defective.  I reviewed the specs -- but because there was no RFI or approvals process, there was no record of what was actually changed or built, so there was no way to assign blame for defective documentation to the architect.  (For the record, I thought the documents were a little thin, but they were adequate, such as using standard short form specification sections, where the long form might have been more suitable. ) Often in this situation, third-party testing is eliminated as well, "due to cost". 

If the Architect is eliminated, the architect should discuss with their attorney having the owner sign a hold-harmless for any construction administration on the job, and any further interpretations of the documents.  (The architect's insurer may have something to say about this as well).   Some agencies will not permit the architect to be discharged from the project, but on private work this may not be the case.  In all cases, the architect should arrange contractually that they cannot be blamed for a contractor's misinterpretation of the documents or for a contractor/owner change to the documents. 

Now, if this question is regarding the discharge of the "Design Architect" but leaving the "Architect of Record" on the project, that is a contractual issue between the two and should be resolved that way. 

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Also, for users of the B series documents for Architect's Services (B-101 or B-103, for example), be aware that most of the architect's CA services are not described in the Owner-Architect Agreement but rather are found in the A201 General Conditions. This is a unique situation in AIA documents where one party's responsibilities are described in another related document. The caution here is if the owner heavily modifies the General Conditions or uses their own custom general conditions, your CA services may be altered or even eliminated. The owner is required to alert the architect if the architect's services are altered in the A201, but there's no guarantee that this will happen.

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Doug,  I don't know who was looking for AIA language requiring the Architect to be involved in the construction phase.  I agree with your comments.  I do have a recollection of PA law requiring it. I can't find that. Could be a wishful memory.  I've only been at this for 50 years.  Plenty of time to grow memories!  Tom Donoghue, AIA

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Doug,  I don't know who was looking for AIA language requiring the Architect to be involved in the construction phase.  I agree with your comments.  I do have a recollection of PA law requiring it. I can't find that. Could be a wishful memory.  I've only been at this for 50 years.  Plenty of time to grow memories!  Tom Donoghue, AIA

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Doug,  I don't know who was looking for AIA language requiring the Architect to be involved in the construction phase.  I agree with your comments.  I do have a recollection of PA law requiring it. I can't find that. Could be a wishful memory.  I've only been at this for 50 years.  Plenty of time to grow memories!  Tom Donoghue, AIA

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Worth noting that that the Practice Act in CA does not require the Architect to perform CA.  It states (Section 5500.1 (b)) that the Architect may provide "any or all" of a range of services, which of course includes Construction Admin and Construction Observation.  It also states (Section 5536.25 (b)) that signing and stamping docs shall not impose a responsibility to observe the construction of the work.  

I do not see in the Practice Act where the minimum responsibilities of Construction Observation (if/when it is provided) are spelled out as you describe, other than in very general terms ("periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents") in 5536.25 (c).

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Worth noting that that the Practice Act in CA does not require the Architect to perform CA.  It states (Section 5500.1 (b)) that the Architect may provide "any or all" of a range of services, which of course includes Construction Admin and Construction Observation.  It also states (Section 5536.25 (b)) that signing and stamping docs shall not impose a responsibility to observe the construction of the work.  

I do not see in the Practice Act where the minimum responsibilities of Construction Observation (if/when it is provided) are spelled out as you describe, other than in very general terms ("periodic observation of completed work to determine general compliance with the plans, specifications, reports, or other contract documents") in 5536.25 (c).

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

Douglas,

Can you please cite in the NJ Arch Licensure law where this specific standard of care is required?

Thanks - Jim

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf

@Douglas F Korves AIA 

I'm not sure why you elected to respond to my request in another thread?  I assume, since you didn't cite where such requirements are listed, they don't exist?  A few examples of these AIA requirements or New Jersey DOB or AHJ regs will go a long way to help support your point.

I'd also be very interested in how your E&O insurance carrier responds to design contracts that require you to 1) follow ALL codes, 2) how you can assure a project WILL be (clairvoyant?) constructed per the drawings (and specifications), 3) assure conformance of the Work to the drawings (and specifications) and 4) CERTIFY ANY DEVIATION from the plans (and specifications), rather than meet the design intent.

"1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed."

Douglas,

Can you please cite in the NJ Arch Licensure law where this specific standard of care is required?

Thanks - Jim

Regardiing my colleague that said he could not find in the AIA documents where it says that an architect must be involved in construction, be advised:

The AIA contracts are both standard form and model contracts.  Constructuction Contract Administration Services (please fo not Construction Supervision or Construction Obsevation or Construction Administration) is a phase that can be in or excluded or specifically limited.  

However,  if you the Architect of Record, in your local Dept of Buildings or the applicant with any Code Construction Authority, read the Certification that accompanies your sealing and signing. 

As an expert architect providing litigation support to attorneys in over 69 actions; NYS and NJ. Municipalities and the Standard of Card require that the professional of record attests and swears: 1,) that drawings as filed meet all applicable or governing  codes 2.) the project will be constructed according to the drawings as submitted. 3.) the architect will make periodic inspections in the field (in their opinion) sufficient to observe the quantity and quality of the work  and the conformance of the work to the drawings as filed. 4.) provide written certification of any deviation from those plans as filed. 

Regardless if the Architect is retained for Construction Contract Services, the Architect of Record has made this atteststion to the DOB and the HSW of the public. 

Douglas F Korves AIA 

This elimination of the Architect of Record, from any responsibilities during the construction phase, can be viewed as a good thing.  That is, if your only care is design, but then again... 

When the project gets off track and your documents are involved, then you will have to start the meter with legal counsel.

If the project is financed, and outside stakeholders are involved, the entity eliminating the architect, for the construction, of the project, will not indemnify the architect, who will have to understand "shared liabilities". 

Many municipalities will obligate the architect of record to sign off on the project, before the next step in obtaining the certificate of occupancy is granted. And this phase of the job requires involvement and cost to the architect. 

If you are "cut-out" of this revenue stream part of the business, then at the minimum do make sure the documents are covered by language for code-compliance building permit submission only. 

Make it a point to let the lender and outside stakeholders know who made the decision to cutout the architect.

This should be done through legal council.

This link goes to an AIA site that discusses  various state requirements for Construction Administration.   This matrix is nearly 10 years old, but it might provide a road map, especially if you do work in multiple states. 

https://content.aia.org/sites/default/files/2016-05/StateXStateLawMatrix-Construction-admin_1.pdf