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The Zweig Letter

The voice of reason for the AEC industry

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William Quatman

  • Liability for cost estimates/cost overruns

    by The Zweig Letter December 13, 2020
    December 13, 2020

    Contract disclaimers reflect the reality that estimating is an art, not a science – and that design professionals cannot guarantee or warrant the actual costs of construction.

  • Shop drawing liability

    by The Zweig Letter January 6, 2020
    January 6, 2020

    Good contracts can help, but timely and thorough reviews of shop drawings are, perhaps, the best defense.

  • Supermen and exact sciences

    by The Zweig Letter June 24, 2019
    June 24, 2019

    Unless you put yourself out there as perfect, courts will typically hold you to the standard of reasonable care if you make a mistake.

  • Say what!?

    by The Zweig Letter April 22, 2019
    April 22, 2019

    If you’re a firm owner or design professional, don’t leave contractors guessing. Using plain language, make your intent clear to avoid disputes, change orders, and claims.

  • Is there a doctrine in the house? Part 5

    by The Zweig Letter December 10, 2018
    December 10, 2018
    Under the Accepted-Work Doctrine, contractors and designers are relieved of liability to injured third parties after a completed project goes back to the owner. The Accepted-Work Doctrine – also known…
  • Is there a doctrine in the house? Part 3

    by The Zweig Letter June 4, 2018
    June 4, 2018
    Be careful. While a design firm can retain its copyrights by contract, the firm can just as easily give those rights away – by written contract. Design professionals are, traditionally,…
  • Is there a doctrine in the house? (Part 2)

    by The Zweig Letter April 9, 2018
    April 9, 2018
    The Spearin Doctrine: Public owners do not shed all design risk by contracting for design-build if there are specified criteria upon which the design-builder is to rely. On government projects…
  • Is there a doctrine in the house?

    by The Zweig Letter January 22, 2018
    January 22, 2018

    In states that adhere to the ELD, design professionals have a strong defense against third-party claims for economic damages. Know the law in your project state. Law books are full…

  • Final decisions

    by The Zweig Letter October 23, 2017
    October 23, 2017

    Can project owners be the judge of disputes? Of course they can, especially if the contract clause allows for judicial review. We’ve heard children ask parents to explain their decisions,…

  • Recovering unpaid fees

    by The Zweig Letter July 31, 2017
    July 31, 2017

    What does your contract say about the ability to recover legal fees or staff time incurred to recover unpaid fees? Good question, huh? Two recent cases show that architects with…

  • Progressive design-build

    by The Zweig Letter April 3, 2017
    April 3, 2017

    The acronym is PDB, not to be confused with PBR, the beer, or PBR, professional bull riding. Bone up on the latest method of project delivery. By some statistics, design-build…

  • We’re not immune

    by The Zweig Letter March 6, 2017
    March 6, 2017

    Due to the absence of a comprehensive, federal Good Samaritan law, A/E professionals are hesitant to lend a helping hand after an emergency. We have all heard someone in a…

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About The Zweig Letter

The Zweig Letter is a truly unique management newsletter. Each week, The Zweig Letter keeps A/E and environmental services firm leaders informed, inspired, entertained, and challenged. Every 12-page issue of The Zweig Letter leads off with a hard-hitting editorial from management guru, Mark Zweig. Mark is radical, sensible, and thought-provoking with a dose of humor, to boot. A/E and environmental services firms are not like other businesses, so The Zweig Letter only reports on management ideas that are proven to work in firms like yours.

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