Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to
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Construction Termination Issues Part 6: This is the End (Tips for the design professional)
Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with…
Construction Termination Issues Part 5: What if You are the One that Wants to Quit?
Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to…
Construction Termination Issues Part 4: What to do when they want to fire you, the architect or engineer
What if you are told that your own design services are no longer needed or welcome on a project? Can they do that? What happens then? How do you protect yourself. As you probably realize, while rare, the Owner does…
Construction Termination Part 3: When the contractor is firing the owner
Last week we discussed an Owner terminating a Contractor “for cause”. Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor…
Construction Termination Part 2: How to handle construction administration when the contractor is getting fired
If you’ve been working as a design professional for any length of time, you know that you must be a chameleon on the construction project. You need to “step into the skin” of both the Owner and the Contractor to…
Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series
Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the…
Incorporation by Reference in your Design Services Contract– what does this mean, and are you at risk? (law note)
Has an Owner ever asked you to sign his contract before you started work on a new design project? Rhetorical question– this happens all the time, right? Especially in commercial work, developers or owners typically are not happy to simply…
Expect the Unexpected (your design contracts in a post-COVID world)
Have you adapted your post-COVID practice to better plan for the “unexpected” ? In particular, have you looked at–and revised– your professional services contracts to give yourself a little more breathing room for unaccounted issues that may arise? If not,…
Substitutions on a construction project — a Specification Writer responds
In response to the post about Substitute Materials on a construction project, Phil Kabza explains how his company, SpecGuy, handles tracking of all such materials on a project. Phil writes: Excellent and important topic, about which there is much confusion…