Practice Management Member Conversations

 View Only

Community HTML

Clouds

Quick Links

Who we are

The Practice Management Knowledge Community (PMKC) identifies and develops information on the business of architecture for use by the profession to maintain and improve the quality of the professional and business environment.  The PMKC initiates programs, provides content and serves as a resource to other knowledge communities, and acts as experts on AIA Institute programs and policies that pertain to a wide variety of business practices and trends.

    

  • 1.  architects liaibility and contract voided of builder deviates from plans

    Posted 10-02-2017 01:31 PM
    Can our contract be voided and have no liability for the project at all, if the builder changes things from the plans, such as changing a fiber cement siding product to a cheaper vinyl siding, changing the roof slope from a 12:12 to a 9;12,, or adding quoins  and shutters, and stick on keystones to where they do not belong , and certainly are not part of the design intent? When they do this, it makes the project less photgenic, less likely to have an architectural designed appearance, and has it looking more like a "handymans special"..... it is not the kind of house I want to have my name associated with. Can we put a clause on our drawings that may prevent this from happening?

    ------------------------------
    David Zayas AIA
    Architect
    The Elias Organization
    Huntingdon Vy PA
    ------------------------------


  • 2.  RE: architects liaibility and contract voided of builder deviates from plans

    Posted 10-03-2017 05:38 PM
    David,

    The answer to your question is, in general, yes.  The general rule of law with respect to owners/contractors not following the architects drawings by changing the design and construction of the building is the architect has no liability with respect to the changes. That said, each jurisdiction is different and may not follow this general rule so you should consult with a construction law attorney in your jurisdiction about how your courts have been ruling on such matters. 

    I do, especially when negotiating a contract with a party I suspect may do such things, include a clause in the contract specifically providing that the owner/client is solely responsible for changes made to the design or construction without approval of the architect.  It can be prudent to address such issues directly in your contracts.

    ------------------------------
    Jeffrey Hamlett AIA
    Hamlett Risk Management
    Seattle WA
    ------------------------------

    Original Message


  • 3.  RE: architects liaibility and contract voided of builder deviates from plans

    Posted 10-03-2017 05:52 PM

    David,

     

    A contract is between you and the owner.  The actions of a 3rd party (the contractor) would not void your contract. However, the contractor's deviation from your plans could become an important defense should you have a claim against you for your work.

     

    As to a clause in your contract to prevent changes to your plans, that might be a defense if a claim is made against you.  However, if it's an aesthetic issue, you might have to prove actual damages (to you).

    Tom Fielder

     




    Original Message