Project Delivery

This message has been cross posted to the following Discussion Forums: Project Delivery and Construction Contract Administration .
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In the process of putting together a contract for a project where the Owner will be hiring the consultants directly.

Any easy way to do that? I tried to search the discussions but didn't come up with anything that looked obviously like the right thing.

Thanks!
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Kate Svoboda-Spanbock AIA, CID
HERE Design and Architecture
Los Angeles CA
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There is a place in the Owner-Architect agreement where it says architect will provide normal engineering services. Strike that text.

Add the list of services to the Owner article of the agreement. Be specific. Look at an architect-consultant agreement for responsibilities you want to have covered.

Add coordination of those owner consultants to your services AND to your compensation. You know you will have to do that, unless the owner is very experienced.

Ideally the owner would involve you in drafting the owner-consultant agreements, but don't expect that. You need your agreement with the owner written to assure you that the owner will cause those owner consultants to perform timely (perhaps you ask for responsibility of creating schedule for all to follow), to revise as necessary, etc.

I *love it* when owners think paying directly will save them money. Let them be responsible for all the coordination which outrageous 10% markups cover! But, craft your agreement with the owner to cover your interest.

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Joel Niemi AIA
Principal
Snohomish WA

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Original Message:
Sent: 9/10/2013 6:11:56 PM
From: heredesign@verizon.net
Subject: Owner Consultants / Contracts

This message has been cross posted to the following Discussion Forums: Project Delivery and Construction Contract Administration . ------------------------------------------- In the process of putting together a contract for a project where the Owner will be hiring the consultants directly. Any easy way to do that? I tried to search the discussions but didn't come up with anything that looked obviously like the right thing. Thanks! ------------------------------------------- Kate Svoboda-Spanbock AIA, CID HERE Design and Architecture Los Angeles CA -------------------------------------------

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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Well said Fred. In addition the architect should not delineate the services required of the other consultants, at most they should have a line about their coordination with them.

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Burton L. Roslyn, FAIA
President
Roslyn Consultants, LLC
Roslyn Heights, New York
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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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I didn't take Joel's reply at all as writing the Owner/Consultant contracts but that the situation will certainly affect the Architect and, as such, the Owner/Architect contract should be modified accordingly - basically to make the owner responsible for "his" consultants and relieve the Architect from as much potential responsibility from them as possible.

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Thomas Bank AIA
Principal Architect
Simply Stated Architecture, P.C.
Lemoyne PA
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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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Thomas is correct.

If the Architect-Owner agreement can set forth what the Architect needs from the Owner's directly-hired consultants, maybe the Architect will get what they need.  The Owner can work out their own terms with their consultants; if they're smart, they will get those consultants to commit to meet our needs.

So if you want to know column and beam sizes, and duct sizes and routing, and electrical equipment room sizes, at the end of schematic design or design development, get it in writing.  If the architect wants to craft the project design schedule, and include milestones, review periods, response/correction/coordination time, step up and say you'll do that, and get it in writing that the Owner will cause those directly-hired consultants to perform.  [Might want to put it in slightly friendlier terms and say you will work with the Owner and meet with Owner and owner's consultants to prepare the schedule together.]  Who is writing the specifications for the structural, mechanical, electrical, civil and landscape work?

The Owner is free to strike all of your proposed language out.  Keep those copies, you may want to refer to them when the Owner is not getting you the information that you need, yet expects you to have a finished product.

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Joel Niemi AIA
Principal
Snohomish WA

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Original Message:
Sent: 09-17-2013 17:29
From: Thomas Bank
Subject: Owner Consultants / Contracts

I didn't take Joel's reply at all as writing the Owner/Consultant contracts but that the situation will certainly affect the Architect and, as such, the Owner/Architect contract should be modified accordingly - basically to make the owner responsible for "his" consultants and relieve the Architect from as much potential responsibility from them as possible.

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Thomas Bank AIA
Principal Architect
Simply Stated Architecture, P.C.
Lemoyne PA
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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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I totally agree with Mr. Butters point.

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[George] [Blackburn] [AIA]
[General Manager]
[Construction Consulting International]
[Carrollton] [Texas]

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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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While I agree with Frederick Butters' points, I do think it is appropriate for an architect to provide input about the scope of an Owner's other design and engineering consultants' services while specifically pointing out that this is not be construed as legal advice.  Clarifying scope is a good risk management tool, as it helps make sure that everything that can be reasonably foreseen is included under someone's set of responsibilities and that overlaps are reduced.

An architect would be wise to include terms in the architect-owner contract such as 1) the architect shall have the right, but not the obligation, to review the terms of agreement between the Owner and other design and engineering professionals to the degree that such terms may impact the Architect's scope of services and other obligations, 2) such review shall not be construed as providing legal advice and shall not create any contractual liability either expressed or implied between the Architect and the Owner's other consultants, and 3) the Owner agrees to obtain independent legal advice pertaining to all of the Owner's agreements with other consultants and contractors.

Of course, to both Frederick and George's points, you should seek legal advice before incorporating any such terms into your agreement :)

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Michael Strogoff FAIA
Strogoff Consulting
Mill Valley CA
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Original Message:
Sent: 09-17-2013 18:13
From: George Blackburn
Subject: Owner Consultants / Contracts

I totally agree with Mr. Butters point.

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[George] [Blackburn] [AIA]
[General Manager]
[Construction Consulting International]
[Carrollton] [Texas]

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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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I tend to agree, and I would certainly prefer not be the party responsible for drafting agreements between the Owner and his separate consultants.  

However, please forgive me if I am not sure where the line is drawn with regard to what constitutes "legal advice."  Mr. Butters' recommendation seems hard to square with the fact that we prepare Contract Documents for every project on which we work.  This of course almost always includes or incorporates elaborate and sophisticated AIA forms that define in myriad terms the relationship between Owner and Contractor.  

Seems like we as architects might go so far as to conclude every design conversation or meeting minutes with the caveat, "Please note that none of the foregoing content or conversation should be construed as "legal advice" and the Owner is strongly encouraged to consult with an attorney."

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Adam Hermanson AIA
Principal
Integration Design Group, PC
Henderson CO
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Original Message:
Sent: 09-16-2013 12:06
From: Frederick Butters
Subject: Owner Consultants / Contracts

I have to ask a basic question.  If an Owner decided to engage consultants directly, why are you writing the contract?  Drafting a contract in that circumstance is tantamount to legal advice, and that isn't a service an Architect should ever be rendering to an Owner.  What if you mark up an AIA form, and some of the changes you recommend create difficulties?  In that example, you could face a claim that has nothing to do with the rendition of architectural services.  Since your insurance coverage extends to your inadvertent failure to comply with the standard of care, it likely doesn't reach or cover circumstances where you provide legal advice to a client.

In this instance, the recommended advice to the Owner would be that since the Owner will have a business relationship with consultants independent of the Architect, the responsibility for developing and memorializing that business relationship falls to the Owner.  Should the owner not be equipped to do that, then the Owner would be advised to seek legal assistance. 

Indeed, that may even cause the Owner to rethink the decision.  Even if it doesn't, it is still the best course.  An Architect should not allow himself or herself to be maneuvered into a position where they are rending legal services, accounting services, or any services other than traditional design, and for a host or reasons (this example being one of the primary ones) they should never undertake to do so.  Architects complain when unlicensed persons practice architecture, and, simply put, they should be equally reluctant to practice law.


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Frederick Butters FAIA, Esq.
Frederick F. Butters, PLLC
Southfield MI
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Kate, You have some good advice here. I have practiced architecture twice. In between, I spend two decades as the owner. We did a ccombination of direct and architect hired consultants and yes it was my responsibility to put those contracts in place and coordinate the work. As a knowledgable owner and a member of the profession I would always involve the architect for both their technical opinions and as a professional courtesy. We also had good legal council. Without a doubt, I can tell you that we did not always get all of the T's crossed and I's dotted. Had we been a less sophisticated client, the architect would have suffered a lot of pains. I now represent and coach building owners and my advice to them is in line with the comments here in this discussion. If your clients are not knowledgable of the design and construction industry and on top of their game, they should rethink their game plan. In any event, you should give them good technical advice, no legal advice, and keep yourself in a tenable professional position. ------------------------------------------- Tom Donoghue, AIA, Principal Donoghue Project Consulting, LLC Pittsburgh, PA -------------------------------------------
Original Message: Sent: 09-10-2013 18:11 From: Kate Svoboda-Spanbock Subject: Owner Consultants / Contracts This message has been cross posted to the following Discussion Forums: Project Delivery and Construction Contract Administration . ------------------------------------------- In the process of putting together a contract for a project where the Owner will be hiring the consultants directly. Any easy way to do that? I tried to search the discussions but didn't come up with anything that looked obviously like the right thing. Thanks! ------------------------------------------- Kate Svoboda-Spanbock AIA, CID HERE Design and Architecture Los Angeles CA -------------------------------------------

Thanks, everybody -

What I am trying to do is outline a situation where all of the coordination happens through me but he pays the consultants directly after I review their invoices - similar to the way I would review a contractor's invoice.

While I would not presume to define his contracts with his consultants, in order to do this, I am putting together a set of my expectations for procedures in order to educate him and protect myself.

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Kate Svoboda-Spanbock AIA, CID
Principal
HERE Design and Architecture
Los Angeles CA
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Original Message:
Sent: 09-18-2013 07:46
From: Thomas Donoghue
Subject: Owner Consultants / Contracts

Kate, You have some good advice here. I have practiced architecture twice. In between, I spend two decades as the owner. We did a ccombination of direct and architect hired consultants and yes it was my responsibility to put those contracts in place and coordinate the work. As a knowledgable owner and a member of the profession I would always involve the architect for both their technical opinions and as a professional courtesy. We also had good legal council.

Without a doubt, I can tell you that we did not always get all of the T's crossed and I's dotted. Had we been a less sophisticated client, the architect would have suffered a lot of pains.

I now represent and coach building owners and my advice to them is in line with the comments here in this discussion. If your clients are not knowledgable of the design and construction industry and on top of their game, they should rethink their game plan. In any event, you should give them good technical advice, no legal advice, and keep yourself in a tenable professional position.

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Tom Donoghue, AIA, Principal
Donoghue Project Consulting, LLC
Pittsburgh, PA

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Kate,
You may be sticking your neck jnto a fiduciary noose by taking on the review of the owner's consultants' invoices. That is, you're putting yourself into the place of judging and recommending how the owner spends funds.

It is a lot like review of a contractor's pay app, but it's different, too.

It wouldn't hurt to run this past your insurance broker. You probably don't want to be doing something they won't insure.

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Joel Niemi AIA
Principal
Snohomish WA

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Original Message:
Sent: 9/19/2013 5:44:42 PM
From: heredesign@verizon.net
Subject: RE:Owner Consultants / Contracts

Thanks, everybody - What I am trying to do is outline a situation where all of the coordination happens through me but he pays the consultants directly after I review their invoices - similar to the way I would review a contractor's invoice. While I would not presume to define his contracts with his consultants, in order to do this, I am putting together a set of my expectations for procedures in order to educate him and protect myself. ------------------------------------------- Kate Svoboda-Spanbock AIA, CID Principal HERE Design and Architecture Los Angeles CA -------------------------------------------
Original Message: Sent: 09-18-2013 07:46 From: Thomas Donoghue Subject: Owner Consultants / Contracts Kate, You have some good advice here. I have practiced architecture twice. In between, I spend two decades as the owner. We did a ccombination of direct and architect hired consultants and yes it was my responsibility to put those contracts in place and coordinate the work. As a knowledgable owner and a member of the profession I would always involve the architect for both their technical opinions and as a professional courtesy. We also had good legal council. Without a doubt, I can tell you that we did not always get all of the T's crossed and I's dotted. Had we been a less sophisticated client, the architect would have suffered a lot of pains. I now represent and coach building owners and my advice to them is in line with the comments here in this discussion. If your clients are not knowledgable of the design and construction industry and on top of their game, they should rethink their game plan. In any event, you should give them good technical advice, no legal advice, and keep yourself in a tenable professional position. ------------------------------------------- Tom Donoghue, AIA, Principal Donoghue Project Consulting, LLC Pittsburgh, PA -------------------------------------------

Kate,

I can see where the owner is coming from.

It is obviously from a less sophisticated client who lacks development expertise and is concerned that they may inadvertently pay off the consultants before their consultants had completed the claimed portion of work. Typically such client should have engaged an owner representative or a project management firm to safeguard their interest through the various stages of project development. Alternatively they could also have contracted with or employed an experienced in-house project manager to assume those duties.

Since the other consultants are supporting you in the project, you are clearly the best person to judge if they had done their parts to enable you to deliver the project to your client per your service contract.

So as what the others had advised you; this is additional service which you have every right to be compensated, for the additional hours you need to put in.

As to the quality of the professional service support, it is another issue altogether. However since you are not party to the selection process, I am not sure your client can hold you responsible. Even if you are, it is not reasonable to expect an architect to be responsible for something that is clearly outside her/his area of expertise. There will also be grey areas that are subject to interpretations. So your team needs to be extra thorough in your coordination effort with the other consultants.

On a positive note, at least your client is aware of this potential pitfall and is doing something to mitigate it. I have heard horror stories about clients who were clueless yet not doing anything about it and that eventually led to disputes and protracted delays in the project.

Best Wishes

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Geok Ser Lee Intl. Assoc. AIA
Owner
GSLA
Irvine CA
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Original Message:
Sent: 09-21-2013 02:43
From: Joel Niemi
Subject: Owner Consultants / Contracts

Kate,
You may be sticking your neck jnto a fiduciary noose by taking on the review of the owner's consultants' invoices. That is, you're putting yourself into the place of judging and recommending how the owner spends funds.

It is a lot like review of a contractor's pay app, but it's different, too.

It wouldn't hurt to run this past your insurance broker. You probably don't want to be doing something they won't insure.

-------------------------------------------
Joel Niemi AIA
Principal
Snohomish WA

-------------------------------------------

Kate -

Does the Owner also intend for you to coordinate the services of the independent consultants in support of your design services?  If so, this would seem to be an additional service, but it might also make more sense in the context of reviewing their payment invoices (additional service, too).

You may wish to address the entire concept of how these consultants will support you and what the Owner is expecting in terms of services, including CA phase services, commissioning, and close-out. 

We don't know the size or complexity of your project, so it may be that there are a limited number of consultants and this would be manageable for you.  I am presuming that your principal design consultants - Structural, Civil, MEP/FP and code compliance are under direct contract to you.  Is there a landscape architect?

If this is not the case, and the size and complexity of the project requires the services of many of specialty consultants - transportation, lighting, enclosure, acoustical, commissioning agent, security, A/V, IT, signage, etc. - the Owner may be well advised to engage the services of a Project Management firm to manage the coordination of all these disciplines to support your work and that of the GC/CM, as well as the contract adminstration of each.

Good luck.
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Peter M. van Dyk AIA
ARCADIS-US
Chicago, IL
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Original Message:
Sent: 09-23-2013 22:08
From: Geok Ser Lee
Subject: Owner Consultants / Contracts

Kate,

I can see where the owner is coming from.

It is obviously from a less sophisticated client who lacks development expertise and is concerned that they may inadvertently pay off the consultants before their consultants had completed the claimed portion of work. Typically such client should have engaged an owner representative or a project management firm to safeguard their interest through the various stages of project development. Alternatively they could also have contracted with or employed an experienced in-house project manager to assume those duties.

Since the other consultants are supporting you in the project, you are clearly the best person to judge if they had done their parts to enable you to deliver the project to your client per your service contract.

So as what the others had advised you; this is additional service which you have every right to be compensated, for the additional hours you need to put in.

As to the quality of the professional service support, it is another issue altogether. However since you are not party to the selection process, I am not sure your client can hold you responsible. Even if you are, it is not reasonable to expect an architect to be responsible for something that is clearly outside her/his area of expertise. There will also be grey areas that are subject to interpretations. So your team needs to be extra thorough in your coordination effort with the other consultants.

On a positive note, at least your client is aware of this potential pitfall and is doing something to mitigate it. I have heard horror stories about clients who were clueless yet not doing anything about it and that eventually led to disputes and protracted delays in the project.

Best Wishes

-------------------------------------------
Geok Ser Lee Intl. Assoc. AIA
Owner
GSLA
Irvine CA
-------------------------------------------






Original Message:
Sent: 09-21-2013 02:43
From: Joel Niemi
Subject: Owner Consultants / Contracts

Kate,
You may be sticking your neck jnto a fiduciary noose by taking on the review of the owner's consultants' invoices. That is, you're putting yourself into the place of judging and recommending how the owner spends funds.

It is a lot like review of a contractor's pay app, but it's different, too.

It wouldn't hurt to run this past your insurance broker. You probably don't want to be doing something they won't insure.

-------------------------------------------
Joel Niemi AIA
Principal
Snohomish WA

-------------------------------------------

I fail to see the benefit of doing any of this, except maybe for the Owner?  Why would you want to have your consultants work directly for the Owner?  Legally they would be bound to the Owner and not to you, which seems to me opens a whole bunch of headaches for you on so many levels. 

-------------------------------------------
Gabriel Romero AIA
Principal
The RKtects Studio Inc.
Alexandria, VA
-------------------------------------------






Original Message:
Sent: 09-21-2013 02:43
From: Joel Niemi
Subject: Owner Consultants / Contracts

Kate,
You may be sticking your neck jnto a fiduciary noose by taking on the review of the owner's consultants' invoices. That is, you're putting yourself into the place of judging and recommending how the owner spends funds.

It is a lot like review of a contractor's pay app, but it's different, too.

It wouldn't hurt to run this past your insurance broker. You probably don't want to be doing something they won't insure.

-------------------------------------------
Joel Niemi AIA
Principal
Snohomish WA

-------------------------------------------

Best to select the AIA contract document most suitable for the project and then:
1.  Under "Owner's Responsibilities" list the consultants that the owner is responsible for contracting directly and include language that the Owner is solely responsible for coordinating and approving the services provided by those consultants
2.  Under "Architect's Services" itemize that your services do not include each of the disciplines for which the owner is contracting directly.  Include language that while you will generally coordinate your services with those provided by the Owner, you are not responsible for the final coordination nor for approving any of the Owner's consultants' drawings, specifications or other instruments of service.
3.  Obtain advice from your attorney about limiting your liability for all services provided by the Owner even though your instruments of service might be incorporated into the same bid packages and/or Contract Documents as those provided by the Owner's consultants.

I'm sure others will add to this list.

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Michael Strogoff, FAIA
Strogoff Consulting
Mill Valley CA
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Original Message:
Sent: 09-10-2013 18:11
From: Kate Svoboda-Spanbock
Subject: Owner Consultants / Contracts

This message has been cross posted to the following Discussion Forums: Project Delivery and Construction Contract Administration .
-------------------------------------------
In the process of putting together a contract for a project where the Owner will be hiring the consultants directly.

Any easy way to do that? I tried to search the discussions but didn't come up with anything that looked obviously like the right thing.

Thanks!
-------------------------------------------
Kate Svoboda-Spanbock AIA, CID
HERE Design and Architecture
Los Angeles CA
-------------------------------------------