Section 1 Lare - Professional Practice Relationships

Front 1

What are the four main relationships?

Back 1

LA/owner(or client); LA/allied professional; LA/contractor and LA/public

Front 2

What is the difference between contractual and non contractual relationships?

Back 2

Contractual are the legal obligations and non contractual are the professional responsibilities such as code compliance, standards of care, etc - see professional code of conduct

Front 3

What 3 ways can an LA serve in a professional relationship?

Back 3

Prime consultant; multiple direct (prime) consultants; subconsultant (where prime is usually an allied professional, no direct contact with the owner)

Front 4

What is a task that is related to the relationship with the general public?

Back 4

Developing user profiles

Front 5

What are some key elements of the prime relationship?

Back 5

Direct to owner; listening and leading is key to success; know when to do what; hire subs

Front 6

Describe a multiple direct consultant relationship

Back 6

Increasingly popular abc the owner has more control and involvement; avoids hiring subs, so the owner takes responsibility for each consultant; no mark ups in order to incorporate subs

Front 7

What is an advantage of using the multiple direct method?

Back 7

Reduces the chance of chain of misinformation through the prime

Front 8

Describe the subconsultant relationship

Back 8

Be wary of misinformation or different interpretations; use email to get things in writing; main constraint is limited access to and communication with the owner

Front 9

What is an advantage of being a sub?

Back 9

You have a limited and specific scope you are responsible and liable for

Front 10

What are he best ways to get to know the owner?

Back 10

Meeting prior to commitment; be friendly; research the site; check client background; clearly identify expectations; document results of an queries; walk site with owner; communicate problems you see with the expectations and document; visit similar projects and discuss pros and cons; review draft scope of services with the owner prior to finalizing scope and fee; provide literature about the kind of services provided (like asla lit)

Front 11

Outline the owners expectations

Back 11

Technical competency; previously completed work; interview to clarify techniques and establish comfort level; LA to be creative; value of professional services; LA to be responsive to needs; ability to walk through and narrate the plan

Front 12

What his the bottom line, most important aim of owner/LA relationship?

Back 12

Client satisfaction

Front 13

Who takes on the risk of the subs and their E&O?

Back 13

The LA

Front 14

What lowers risk?

Back 14

Clear, precise contract

Front 15

What protects against risk?

Back 15

Liability insurance often called errors and omissions insurance

Front 16

What are LA's expectations working with an owner?

Back 16

Allow for creativity within budget and parameters; project will be built or implemented; owner to be cooperative and communicative and responsive; to be paid

Front 17

Describe a typical budget for a "production project"

Back 17

Bottom-line, competitive, low budget- public projects often go with the lowest bidder

Front 18

What are some solutions to resolving an over-budget plan produced by the LA?

Back 18

LA can secure additional funding; phasing; add-alternate list; put project on hold; avoid the fee being based on an inadequate budget

Front 19

Stretching budget is a good professional skill

Back 19

Truth

Front 20

Do owners like to be educated about the site analysis process and how site conditions influence plans?

Back 20

Yes

Front 21

How can you ensure you are meeting the owners needs and expectations?

Back 21

Ask questions; make checklists; work in person, which also boosts confidence; determine motives

Front 22

What are the two facets of LA responsibility?

Back 22

Carry out scope of services and code compliance

Front 23

Professional liability is governed by what type of law?

Back 23

Tort law (civil law)

Front 24

What potential problems is risk linked to?

Back 24

Negligence leading to injury or damage; not completing contract; scheduling problems; errors or omissions in CD (ie. if you make a mistake and a change order is required, you are responsible for paying for it, not the owner)

Front 25

Who takes responsibility for the subs and their E&O?

Back 25

The LA

Front 26

What helps to lower risk?

Back 26

Clear and precise contracts, reviewing outgoing documents,

Front 27

What helps to lower risk?

Back 27

Clear and precise contracts, reviewing outgoing documents,

Front 28

What protects against risk?

Back 28

Professional liability insurance often called errors and omissions insurance

Front 29

What helps to lower risk?

Back 29

Clear and precise contracts, reviewing outgoing documents,

Front 30

What protects against risk?

Back 30

Professional liability insurance often called errors and omissions insurance

Front 31

Who assumes risk of third party claims in the future?

Back 31

LA and owner together

Front 32

What helps to lower risk?

Back 32

Clear and precise contracts, reviewing outgoing documents,

Front 33

What protects against risk?

Back 33

Professional liability insurance often called errors and omissions insurance

Front 34

Who assumes risk of third party claims in the future?

Back 34

LA and owner together

Front 35

Why is correcting risky situations during the construction phase important?

Back 35

Part of LAs professional services - sell it as a positive

Front 36

What helps to lower risk?

Back 36

Clear and precise contracts, reviewing outgoing documents,

Front 37

What protects against risk?

Back 37

Professional liability insurance often called errors and omissions insurance

Front 38

Who assumes risk of third party claims in the future?

Back 38

LA and owner together

Front 39

Why is correcting risky situations during the construction phase important?

Back 39

Part of LAs professional services - sell it as a positive

Front 40

How do you mitigate against unpreventable risks like environmental conditions or hurricanes?

Back 40

Exclude responsibility for these items in the contract

Front 41

What are the tips for contract writing from the XL insurance contract guide for design professionals?

Back 41

Provide comprehensive services; transfer risk through insurance; carefully select clients; assign PMs and team with appropriate experience; educate clients about their responsibility for risks within their contract; identify problems no one could prevent; use indemnity language to protect against catastrophic events; close loopholes that could become traps

Front 42

What does E&O cover?

Back 42

Costs of errors, omissions, or negligence claims against LA

Front 43

What does E&O not cover?

Back 43

Loss of time, productivity and revenue associated with claim defence

Front 44

What does E&O not cover?

Back 44

Loss of time, productivity and revenue associated with claim defence

Front 45

Is it common for municipalities to require liability insurance from an LA?

Back 45

Yes. Usually 1-2 million.

Front 46

What does E&O not cover?

Back 46

Loss of time, productivity and revenue associated with claim defence

Front 47

Is it common for municipalities to require liability insurance from an LA?

Back 47

Yes. Usually 1-2 million.

Front 48

In order to be legal, a contract must include:

Back 48

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 49

What does E&O not cover?

Back 49

Loss of time, productivity and revenue associated with claim defence

Front 50

Is it common for municipalities to require liability insurance from an LA?

Back 50

Yes. Usually 1-2 million.

Front 51

In order to be legal, a contract must include:

Back 51

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 52

Does the LA have a responsibility to produce environmentally sound design?

Back 52

Yes

Front 53

What does E&O not cover?

Back 53

Loss of time, productivity and revenue associated with claim defence

Front 54

Is it common for municipalities to require liability insurance from an LA?

Back 54

Yes. Usually 1-2 million.

Front 55

In order to be legal, a contract must include:

Back 55

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 56

Does the LA have a responsibility to produce environmentally sound design?

Back 56

Yes

Front 57

During what processes should we be very sensitive to pollution?

Back 57

Grading, drainage and runoff

Front 58

What does E&O not cover?

Back 58

Loss of time, productivity and revenue associated with claim defence

Front 59

Is it common for municipalities to require liability insurance from an LA?

Back 59

Yes. Usually 1-2 million.

Front 60

In order to be legal, a contract must include:

Back 60

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 61

Does the LA have a responsibility to produce environmentally sound design?

Back 61

Yes

Front 62

During what processes should we be very sensitive to pollution?

Back 62

Grading, drainage and runoff

Front 63

Is exposure to hazardous materials usually covered by insurance companies?

Back 63

No. You should ensure contractual protection, such as indemnification

Front 64

What does E&O not cover?

Back 64

Loss of time, productivity and revenue associated with claim defence

Front 65

Is it common for municipalities to require liability insurance from an LA?

Back 65

Yes. Usually 1-2 million.

Front 66

In order to be legal, a contract must include:

Back 66

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 67

Does the LA have a responsibility to produce environmentally sound design?

Back 67

Yes

Front 68

During what processes should we be very sensitive to pollution?

Back 68

Grading, drainage and runoff

Front 69

Is exposure to hazardous materials usually covered by insurance companies?

Back 69

No. You should ensure contractual protection, such as indemnification

Front 70

How is it best to think about environmental hazards and sustainability?

Back 70

Health safety and welfare of the public

Front 71

What does E&O not cover?

Back 71

Loss of time, productivity and revenue associated with claim defence

Front 72

Is it common for municipalities to require liability insurance from an LA?

Back 72

Yes. Usually 1-2 million.

Front 73

In order to be legal, a contract must include:

Back 73

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 74

Does the LA have a responsibility to produce environmentally sound design?

Back 74

Yes

Front 75

During what processes should we be very sensitive to pollution?

Back 75

Grading, drainage and runoff

Front 76

Is exposure to hazardous materials usually covered by insurance companies?

Back 76

No. You should ensure contractual protection, such as indemnification

Front 77

How is it best to think about environmental hazards and sustainability?

Back 77

Health safety and welfare of the public

Front 78

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 78

Employ a budget verification step to match design program with funds

Front 79

What does E&O not cover?

Back 79

Loss of time, productivity and revenue associated with claim defence

Front 80

Is it common for municipalities to require liability insurance from an LA?

Back 80

Yes. Usually 1-2 million.

Front 81

In order to be legal, a contract must include:

Back 81

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 82

Does the LA have a responsibility to produce environmentally sound design?

Back 82

Yes

Front 83

During what processes should we be very sensitive to pollution?

Back 83

Grading, drainage and runoff

Front 84

Is exposure to hazardous materials usually covered by insurance companies?

Back 84

No. You should ensure contractual protection, such as indemnification

Front 85

How is it best to think about environmental hazards and sustainability?

Back 85

Health safety and welfare of the public

Front 86

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 86

Employ a budget verification step to match design program with funds

Front 87

When is confidentiality in the agreement with the owner a problem?

Back 87

When it conflicts with laws, for example environmental protection

Front 88

What does E&O not cover?

Back 88

Loss of time, productivity and revenue associated with claim defence

Front 89

Is it common for municipalities to require liability insurance from an LA?

Back 89

Yes. Usually 1-2 million.

Front 90

In order to be legal, a contract must include:

Back 90

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 91

Does the LA have a responsibility to produce environmentally sound design?

Back 91

Yes

Front 92

During what processes should we be very sensitive to pollution?

Back 92

Grading, drainage and runoff

Front 93

Is exposure to hazardous materials usually covered by insurance companies?

Back 93

No. You should ensure contractual protection, such as indemnification

Front 94

How is it best to think about environmental hazards and sustainability?

Back 94

Health safety and welfare of the public

Front 95

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 95

Employ a budget verification step to match design program with funds

Front 96

When is confidentiality in the agreement with the owner a problem?

Back 96

When it conflicts with laws, for example environmental protection

Front 97

What is the problem with stipulating a set of project specific QA/QC measures?

Back 97

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 98

What does E&O not cover?

Back 98

Loss of time, productivity and revenue associated with claim defence

Front 99

Is it a good idea for quality control to be part of the agreement?

Back 99

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 100

Is it common for municipalities to require liability insurance from an LA?

Back 100

Yes. Usually 1-2 million.

Front 101

In order to be legal, a contract must include:

Back 101

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 102

Does the LA have a responsibility to produce environmentally sound design?

Back 102

Yes

Front 103

During what processes should we be very sensitive to pollution?

Back 103

Grading, drainage and runoff

Front 104

Is exposure to hazardous materials usually covered by insurance companies?

Back 104

No. You should ensure contractual protection, such as indemnification

Front 105

How is it best to think about environmental hazards and sustainability?

Back 105

Health safety and welfare of the public

Front 106

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 106

Employ a budget verification step to match design program with funds

Front 107

When is confidentiality in the agreement with the owner a problem?

Back 107

When it conflicts with laws, for example environmental protection

Front 108

What is the problem with stipulating a set of project specific QA/QC measures?

Back 108

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 109

What does E&O not cover?

Back 109

Loss of time, productivity and revenue associated with claim defence

Front 110

Is it a good idea for quality control to be part of the agreement?

Back 110

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 111

What is the doctrine of the standard of care?

Back 111

The design professionals services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances.

Front 112

Is it common for municipalities to require liability insurance from an LA?

Back 112

Yes. Usually 1-2 million.

Front 113

In order to be legal, a contract must include:

Back 113

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 114

Does the LA have a responsibility to produce environmentally sound design?

Back 114

Yes

Front 115

During what processes should we be very sensitive to pollution?

Back 115

Grading, drainage and runoff

Front 116

Is exposure to hazardous materials usually covered by insurance companies?

Back 116

No. You should ensure contractual protection, such as indemnification

Front 117

How is it best to think about environmental hazards and sustainability?

Back 117

Health safety and welfare of the public

Front 118

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 118

Employ a budget verification step to match design program with funds

Front 119

When is confidentiality in the agreement with the owner a problem?

Back 119

When it conflicts with laws, for example environmental protection

Front 120

What is the problem with stipulating a set of project specific QA/QC measures?

Back 120

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 121

What does E&O not cover?

Back 121

Loss of time, productivity and revenue associated with claim defence

Front 122

Is it a good idea for quality control to be part of the agreement?

Back 122

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 123

What is the doctrine of the standard of care?

Back 123

The design professionals services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances.

Front 124

Is perfection required of the LA?

Back 124

No

Front 125

Is it common for municipalities to require liability insurance from an LA?

Back 125

Yes. Usually 1-2 million.

Front 126

In order to be legal, a contract must include:

Back 126

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 127

Does the LA have a responsibility to produce environmentally sound design?

Back 127

Yes

Front 128

During what processes should we be very sensitive to pollution?

Back 128

Grading, drainage and runoff

Front 129

Is exposure to hazardous materials usually covered by insurance companies?

Back 129

No. You should ensure contractual protection, such as indemnification

Front 130

How is it best to think about environmental hazards and sustainability?

Back 130

Health safety and welfare of the public

Front 131

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 131

Employ a budget verification step to match design program with funds

Front 132

When is confidentiality in the agreement with the owner a problem?

Back 132

When it conflicts with laws, for example environmental protection

Front 133

What is the problem with stipulating a set of project specific QA/QC measures?

Back 133

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 134

What does E&O not cover?

Back 134

Loss of time, productivity and revenue associated with claim defence

Front 135

Is it a good idea for quality control to be part of the agreement?

Back 135

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 136

What is the doctrine of the standard of care?

Back 136

The design professionals services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances.

Front 137

Is perfection required of the LA?

Back 137

No

Front 138

How can you design the contract to account for imperfections that will arise?

Back 138

Include a contingency fund

Front 139

Is it common for municipalities to require liability insurance from an LA?

Back 139

Yes. Usually 1-2 million.

Front 140

In order to be legal, a contract must include:

Back 140

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 141

Does the LA have a responsibility to produce environmentally sound design?

Back 141

Yes

Front 142

During what processes should we be very sensitive to pollution?

Back 142

Grading, drainage and runoff

Front 143

Is exposure to hazardous materials usually covered by insurance companies?

Back 143

No. You should ensure contractual protection, such as indemnification

Front 144

How is it best to think about environmental hazards and sustainability?

Back 144

Health safety and welfare of the public

Front 145

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 145

Employ a budget verification step to match design program with funds

Front 146

When is confidentiality in the agreement with the owner a problem?

Back 146

When it conflicts with laws, for example environmental protection

Front 147

What is the problem with stipulating a set of project specific QA/QC measures?

Back 147

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 148

What does E&O not cover?

Back 148

Loss of time, productivity and revenue associated with claim defence

Front 149

Is it a good idea for quality control to be part of the agreement?

Back 149

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 150

What is the doctrine of the standard of care?

Back 150

The design professionals services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances.

Front 151

Is perfection required of the LA?

Back 151

No

Front 152

How can you design the contract to account for imperfections that will arise?

Back 152

Include a contingency fund

Front 153

What are some suggestions to avoid establishing a relationship with the owner where the LA warrants, certifies, or guarantees anything other than adhering to the standard of care by the profession?

Back 153

Explain the concept of standard of care; consider walking away; tell them warranties may nullify the firms professional liability insurance; accept that you can certify facts that you observe to be true during construction

Front 154

Is it common for municipalities to require liability insurance from an LA?

Back 154

Yes. Usually 1-2 million.

Front 155

In order to be legal, a contract must include:

Back 155

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 156

Does the LA have a responsibility to produce environmentally sound design?

Back 156

Yes

Front 157

During what processes should we be very sensitive to pollution?

Back 157

Grading, drainage and runoff

Front 158

Is exposure to hazardous materials usually covered by insurance companies?

Back 158

No. You should ensure contractual protection, such as indemnification

Front 159

How is it best to think about environmental hazards and sustainability?

Back 159

Health safety and welfare of the public

Front 160

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 160

Employ a budget verification step to match design program with funds

Front 161

When is confidentiality in the agreement with the owner a problem?

Back 161

When it conflicts with laws, for example environmental protection

Front 162

What is the problem with stipulating a set of project specific QA/QC measures?

Back 162

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 163

What does E&O not cover?

Back 163

Loss of time, productivity and revenue associated with claim defence

Front 164

Is it a good idea for quality control to be part of the agreement?

Back 164

Typically no. The LA is a professional with judgement and experience and each project is unique.

Front 165

What is the doctrine of the standard of care?

Back 165

The design professionals services are rendered in a reasonably careful and prudent manner as tested or promulgated by the actions of their peers under similar given circumstances.

Front 166

Is perfection required of the LA?

Back 166

No

Front 167

How can you design the contract to account for imperfections that will arise?

Back 167

Include a contingency fund

Front 168

What are some suggestions to avoid establishing a relationship with the owner where the LA warrants, certifies, or guarantees anything other than adhering to the standard of care by the profession?

Back 168

Explain the concept of standard of care; consider walking away; tell them warranties may nullify the firms professional liability insurance; accept that you can certify facts that you observe to be true during construction

Front 169

How can an owner contribute to the success of a project?

Back 169

Provide all relevant information up front; provide budget and proof of funding; designate a representative; furnish a survey and legal description (LA can arrange); provide geotechnical services; provide consultants as needed (prepare expectations early for this); notice if the project will be suspended or abandoned within 7 days - owner assumes costs to LA of resuming or abandoning

Front 170

Is it common for municipalities to require liability insurance from an LA?

Back 170

Yes. Usually 1-2 million.

Front 171

In order to be legal, a contract must include:

Back 171

Consideration (exchange of products); two parties signing; terms of the work to be performed; lawful subject matter

Front 172

Does the LA have a responsibility to produce environmentally sound design?

Back 172

Yes

Front 173

During what processes should we be very sensitive to pollution?

Back 173

Grading, drainage and runoff

Front 174

Is exposure to hazardous materials usually covered by insurance companies?

Back 174

No. You should ensure contractual protection, such as indemnification

Front 175

How is it best to think about environmental hazards and sustainability?

Back 175

Health safety and welfare of the public

Front 176

How can you manage the difficult task of matching client expectations to a realistic budget?

Back 176

Employ a budget verification step to match design program with funds

Front 177

When is confidentiality in the agreement with the owner a problem?

Back 177

When it conflicts with laws, for example environmental protection

Front 178

What is the problem with stipulating a set of project specific QA/QC measures?

Back 178

The LA may be agreeing to a higher standard of care than they are typically judged by, makes it easy for an owners rep to prove negligence

Front 179

Who designs the budget in an allied professional relationship?

Back 179

The sub