Daniel Guich.
The Standard of Care is not described or in the Lucensing law. The licensing law is the practice act that defines the profession of Architecture, the qualifications and educational requirements, the composition of the board, and the use of the title and seal.
You will not read or learn about the Standard of Care SOC until you are the focus of a legal action or if you also practice as an expert Architect Witness and are evaluating the performance of another licensee while working with an attorney.
Licensing laws in states encompass other professions among which Architecture is one of them. These laws, as in NYS, are grouped under the enabling legislation that sets up these "Learned Professions". The preamble before the qualifications and descriptions of each profession usually states general requirements such as: the purpose of licensing is to protect the Public Health, Welfare and Safety; Licensees must be honest and of good moral character and must be graduates of accredited schools and have X number of years of internship before taking a specialized exam
No place does it say you must design safe buildings and inspect them in the field.
That is the preview of Regulatory Boards and Construction Code Officials in various Departments of Building (DOB).
Regarding my comments on atteststion and affidavits, read every DOB submital and forms, permit applications, and sign-offs by you and your engineers and your consultants that you execute in a DOB.
Designing, and what occurs in the field is the concern of the DOB and the Architect is the person is the focus of all parties when the project goes sideways.
The SOC is a the measure (in the eyes of a jury or fact finder of what you will be held liable to. it is a comparison to what any reasonable architect (not a starchitect) would have done on similar building with similar circumstances.
Original Message:
Sent: 01-25-2024 10:40 PM
From: Daniel Guich
Subject: Design Architect is eliminated during the construction
I stand corrected. I must be mixing it up with another document. Thanks for the correction. I will go back and read the California practice act.
Daniel Guich
415.683.9600
www.studioconverge.com
Original Message:
Sent: 1/25/2024 6:34:00 PM
From: James C. Kelly AIA
Subject: RE: Design Architect is eliminated during the construction
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).
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James Kelly AIA
Gensler
Los Angeles CA
Original Message:
Sent: 01-24-2024 02:36 PM
From: Daniel A. Guich Jr
Subject: Design Architect is eliminated during the construction
In California, the state practice act spells out the architect's minimum responsibilities for construction observation, which are 2 site visits, one at substantial completion and the other at final completion. The act also discusses that the architect is not required to make exhaustive site visits, unless that is part of the client-architect agreement. Make sure you state the number of site visits or define the compensation structure, etc. for the CA phase.
In this discussion I realized that some states require the architect to perform construction administration. I would highly recommend that everyone read their respective states' practice acts, bylaws, regulations, etc. where one practices architecture. Thar is the standard that you are held to no matter what your agreement with the client states. It's the minimum level of legal protection for both the architects and clients.
Original Message:
Sent: 1/22/2024 9:10:00 PM
From: Douglas F. Korves AIA
Subject: RE: Design Architect is eliminated during the construction
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
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Douglas Korves AIA
Edgewater NJ
Original Message:
Sent: 01-20-2024 08:05 PM
From: Tom Donoghue
Subject: Design Architect is eliminated during the construction
I am an old guy. I recall from my young times that Pennsylvania regulations required that the Architect be involved in the construction phase. Can anyone point that out? I haven't found it. I recently saw reference to a Texas requirement. I can't imagine any benefit to excluding the Architect from the construction phase. The Owner might save a few dollars, but at what cost?
Tom Donoghue, AIA
Donoghue Project Consulting, LLC
Original Message:
Sent: 1/18/2024 1:55:00 PM
From: MARK EKSUZIAN
Subject: RE: Design Architect is eliminated during the construction
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.
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MARK EKSUZIAN
Mark Dean Associates, Inc.
Newburgh NY
Original Message:
Sent: 01-15-2024 07:06 PM
From: Anne Whitacre
Subject: Design Architect is eliminated during the construction
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
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Anne Whitacre FCSI
Senior Specification Writer, Principal
HOK
San Francisco CA
Original Message:
Sent: 01-06-2024 01:28 PM
From: Ghader Afshari-Mirak AIA
Subject: Design Architect is eliminated during the construction
I've come across projects where an Architect was responsible for the design, yet the Owner chose not to engage an Architect during construction for construction administration, for tasks like response to RFIs, submittal/shop drawing reviews. The Owner has excluded Architect involvement during construction.
According to AIA Form A201, it is recommended that projects designed by an Architect should be administered by an Architect, either the original designer or another qualified professional What are your thoughts on this matter?
Thank you.
Ghader A. Mirak, AIA, NCARB, LEED AP
Frisco, Texas
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