Dear Mr. Howe, Thank you for the detailed explanation of a complex matter. This can be helpful to many of us, in any jurisdiction, when faced with a similar situation. This is truly what this forum is all about.
Brian J. Pape Architect and Consultant PC
Original Message:
Sent: 02-09-2023 12:40 PM
From: Gregory Howe
Subject: Miami Dade County Architect of Record Change
I am responding here to Ivan's message but hope to address all of the points brought up by Nicholas, Kathleen, and Michelle. Sincere gratitude to each of you for your perspectives.
One key detail that I should have made clear in my original posting is that we are in no way reusing the existing architect of record's (eAOR's) drawings...taking their drawings and simply swapping out our name on the title block. Not even taking their drawings and "tweaking" them with our design revisions. We were hired when construction was already 60%+ complete and we are being engaged to redesign and conduct CA on only our scope which constitutes +/-10% of the overall project scope. Otherwise, the scope remains as outlined in the eAOR's documents. The eAOR has had limited CA involvement but that would have been the case regardless of us joining the project.
We arranged for documentation of as-built conditions when we became involved in the project. That as-built information served as our launch point. The eAOR's permit documents are peripheral at best in the development of our very limited scope of work.
The best analogy I can develop to explain things in simple terms is that the eAOR devised a complete Thanksgiving menu with detailed recipes for each dish. We were called in in the middle of the meal prep on Thanksgiving day because the clients decided they wanted baked vs mashed potatoes and baked potatoes are not the eAOR's style. The clients are using our baked potato recipe and we are administering it to ensure in conforms with our design intent. We continue to have no involvement with the cranberry sauce, green beans, etc. Therefore, where is the logic in us now taking on responsibility for the entire meal, two years after the turkey was popped in the oven?
My concerns of risk here are not limited to my firm. I want our clients to be properly protected in the event that a problem arose that was the result of actions completed in advance of our engagement. Were we to agree to take on full AOR responsibilities, we would be in gross violation of our professional liability insurance policy and our carrier could justifiably deny defending any claims tied to design scope not developed under our direct supervision nor for which we performed construction administration duties.
Since posting my initial inquiry, I was lucky enough to connect with someone in a leadership position with a very informed understanding of the state statute referenced by the local building on one architect succeeding another. His take is that the statute does not apply to our case and instead recommends submitting for a new permit limited to our scope instead of submitting as a revision to the original permit. In effect, our permit would be akin to a standard renovation permit for limited scope on an existing structure. The obvious complication being that the existing structure is not yet complete. Our goal now is to connect someone at the state level with the local building official on the statute interpretation and then have an open discussion with the local official on how to best navigate this matter...having two permits on one ongoing project is not normal but the issue we are dealing with is not normal. Inevitably in this profession unique problems arise that cannot be conclusively resolved by statutes or codes. An exercise in judgement on a gray matter is what we have here.
As background, we have informed and sought out the advice of both our insurance carrier and attorney and will continue to do so. Also, the idea of us becoming a consultant of sorts to the eAOR who would then review and submit our documents as a permit revision has already been proposed and rejected by the eAOR.
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Gregory Howe AIA
Searl Lamaster Howe Architects
Chicago IL
Original Message:
Sent: 02-02-2023 09:22 PM
From: Ivan Contreras AIA
Subject: Miami Dade County Architect of Record Change
Hi Michelle, interesting topic, we have come across it many times, since we are contractors and sometimes provide AOR services.
it is seldom understood by Building officials, or plans expediters. much less by out of town clients.
That being said, the copyright issue is a completely different one, if your agreement has not been terminated and another design professional is interfering. This is your intellectual property regardless and you should have been given the opportunity to provide services on your original work. Did you send your plans to the Library of Congress? its only $30.00
The full explanation for successor design professionals:
Florida Statutes 471.025 (4), and 401.221 (6),
Florida Adminstrative Code FAC 61G1527.001 (engineering), and 61G1-18.002 (Architecture).
(1) A successor registered architect seeking to reuse already sealed contract documents under the successor registered architect's seal must be able to document and produce upon request evidence that he has in fact recreated all the work done by the original registered architect. Further, the successor registered architect must take all professional and legal responsibility for the documents which he sealed and signed and can in no way exempt himself from such full responsibility. Plans need not be redrawn by the successor registered architect; however, justification for such action must be available through well kept and complete documentation on the part of the successor registered architect as to his having rethought and reworked the entire design process. A successor registered architect must use his own title block, seal and signature and must remove the title block, seal and signature of the original registered architect before sealing, signing and dating any sealed contract documents.
(2) Prior to sealing, signing and dating work, a successor registered architect shall be required to notify the original registered architect, his successors, or assigns by certified letter to the last known address of the original registered architect of the successor's intention to use or reuse the original registered architect's work. The successor registered architect will take full responsibility for the drawing as though they were the successor registered architect's original product.
Rulemaking Authority 481.2055, 481.221(6) FS. Law Implemented 481.221(6) FS. History–New 1-16-86, Amended 5-16-89, Formerly 21B-18.002.
I hope this helps, good luck
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Ivan Contreras, LEED AP, AIA
CONTRERAS MUNOZ & CO
Miami FL
Original Message:
Sent: 02-01-2023 05:31 PM
From: Michelle M. Vassallo AIA
Subject: Miami Dade County Architect of Record Change
I am going through this on a project where I was the original architect and the developer went bankrupt mid project. A new developer bought the building and had his architect make revisions to my permit drawings...without my knowing. I don't want to be listed as the AOR when someone else has come in and revised things. Our attorneys are now involved. What you need to do is submit a new permit documenting all the existing conditions and then your proposed work.
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Michelle Vassallo AIA
MV Architects, LLC
University Park MD
Original Message:
Sent: 01-30-2023 09:54 AM
From: Gregory L. Howe AIA
Subject: Miami Dade County Architect of Record Change
We are a Chicago-based firm with a project in Miami-Dade County. We were hired by clients who purchased a sizable speculative house. We became involved mid-construction, just as windows started being installed. Our work is relatively modest in scope - largely limited to cosmetic changes to the detailing of the exterior elevations. We are preparing a permit revision submittal to cover the work however we are hearing from a building official that such a submittal approval would entail us taking on full architect of record responsibilities. That would include all of the work completed prior to our involvement. We take no issue with accepting the AOR role for the scope of revisions we are responsible for but are obviously unwilling to take on full project liability. Struggling with how to negotiate this. If anyone has faced a similar situation, I would greatly appreciate insight.
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Gregory Howe AIA
Searl Lamaster Howe Architects
Chicago IL
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