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.
William Quatman
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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…
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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,…
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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…
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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…
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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,…
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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…
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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…
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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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Get the word out to your people that any form of illegal conduct – bribery and racketeering among them – will be grounds for immediate termination. Last week, attorney G.…
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Campaign finance laws, bid rigging, price fixing, and bribery. We hear about this with contractors, but how about design professionals? Several times each year, there is an article about some…
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We all know negotiating enforceable contracts is part of the game, but in case you forgot a few things, here’s a refresher. In 1904, author Mark Twain wrote, “I am…