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179 Cards in this Set

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What are the four main relationships?

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

What is the difference between contractual and non contractual relationships?

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

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

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

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

Developing user profiles

What are some key elements of the prime relationship?

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

Describe a multiple direct consultant relationship

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

What is an advantage of using the multiple direct method?

Reduces the chance of chain of misinformation through the prime

Describe the subconsultant relationship

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

What is an advantage of being a sub?

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

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

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)

Outline the owners expectations

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

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

Client satisfaction

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

The LA

What lowers risk?

Clear, precise contract

What protects against risk?

Liability insurance often called errors and omissions insurance

What are LA's expectations working with an owner?

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

Describe a typical budget for a "production project"

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

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

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

Stretching budget is a good professional skill

Truth

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

Yes

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

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

What are the two facets of LA responsibility?

Carry out scope of services and code compliance

Professional liability is governed by what type of law?

Tort law (civil law)

What potential problems is risk linked to?

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)

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

The LA

What helps to lower risk?

Clear and precise contracts, reviewing outgoing documents,

What helps to lower risk?

Clear and precise contracts, reviewing outgoing documents,

What protects against risk?

Professional liability insurance often called errors and omissions insurance

What helps to lower risk?

Clear and precise contracts, reviewing outgoing documents,

What protects against risk?

Professional liability insurance often called errors and omissions insurance

Who assumes risk of third party claims in the future?

LA and owner together

What helps to lower risk?

Clear and precise contracts, reviewing outgoing documents,

What protects against risk?

Professional liability insurance often called errors and omissions insurance

Who assumes risk of third party claims in the future?

LA and owner together

Why is correcting risky situations during the construction phase important?

Part of LAs professional services - sell it as a positive

What helps to lower risk?

Clear and precise contracts, reviewing outgoing documents,

What protects against risk?

Professional liability insurance often called errors and omissions insurance

Who assumes risk of third party claims in the future?

LA and owner together

Why is correcting risky situations during the construction phase important?

Part of LAs professional services - sell it as a positive

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

Exclude responsibility for these items in the contract

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

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

What does E&O cover?

Costs of errors, omissions, or negligence claims against LA

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

What is the doctrine of the standard of care?

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.

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

What is the doctrine of the standard of care?

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.

Is perfection required of the LA?

No

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

What is the doctrine of the standard of care?

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.

Is perfection required of the LA?

No

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

Include a contingency fund

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

What is the doctrine of the standard of care?

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.

Is perfection required of the LA?

No

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

Include a contingency fund

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?

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

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

What does E&O not cover?

Loss of time, productivity and revenue associated with claim defence

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

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

What is the doctrine of the standard of care?

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.

Is perfection required of the LA?

No

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

Include a contingency fund

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?

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

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

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

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

Yes. Usually 1-2 million.

In order to be legal, a contract must include:

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

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

Yes

During what processes should we be very sensitive to pollution?

Grading, drainage and runoff

Is exposure to hazardous materials usually covered by insurance companies?

No. You should ensure contractual protection, such as indemnification

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

Health safety and welfare of the public

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

Employ a budget verification step to match design program with funds

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

When it conflicts with laws, for example environmental protection

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

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

Who designs the budget in an allied professional relationship?

The sub