Robert Stern, the Dean of the Yale School of Architecture has described architecture as "an artistic and practical expression of the real world--it is the art of building in the service of individuals and institutions."
Unfortunately, in their service of individuals and institutions, architects often find themselves mired in legal disputes. A primary goal of DPSG is to provide architects and the attorneys that represent them with a forum for sharing experiences, methods and practices to help avoid litigation when possible, or at least position a dispute to be more favorably resolved.
This is more important now than ever, as the type of legal issues facing architects have increased in breadth and complexity over the last thirty years. At one time, under the law of many states, architects were subject to lawsuits only by those individuals an architect had chosen to contract with. Courts have slowly and inexorably eroded that protection, allowing actions against architects by general contractors, sub-contractors, subsequent building owners and even the general public. This is particularly an issue given the current ambiguous state of the law on the enforceability of contractual provisions limiting the exposure of an architect in the event of an error or omission, such that an architect may find himself facing significant exposure far in excess of a relatively small fee.
How then does the architect maintain a professional practice while minimizing exposure in the event of a dispute or reducing costs related to attorney costs, waived fees, free work, and lost time? There is no easy or objective answer to this question. However, through open discussion and the sharing of ideas and experiences with projects that have gone wrong, practices can be developed for guiding actions going forward. This can be done through the careful understanding and negotiation of Contracts, through careful Documentation and File Management, avoiding Traps for the Unwary, and keeping abreast of Emerging Trends.
Unfortunately, in their service of individuals and institutions, architects often find themselves mired in legal disputes. A primary goal of DPSG is to provide architects and the attorneys that represent them with a forum for sharing experiences, methods and practices to help avoid litigation when possible, or at least position a dispute to be more favorably resolved.
This is more important now than ever, as the type of legal issues facing architects have increased in breadth and complexity over the last thirty years. At one time, under the law of many states, architects were subject to lawsuits only by those individuals an architect had chosen to contract with. Courts have slowly and inexorably eroded that protection, allowing actions against architects by general contractors, sub-contractors, subsequent building owners and even the general public. This is particularly an issue given the current ambiguous state of the law on the enforceability of contractual provisions limiting the exposure of an architect in the event of an error or omission, such that an architect may find himself facing significant exposure far in excess of a relatively small fee.
How then does the architect maintain a professional practice while minimizing exposure in the event of a dispute or reducing costs related to attorney costs, waived fees, free work, and lost time? There is no easy or objective answer to this question. However, through open discussion and the sharing of ideas and experiences with projects that have gone wrong, practices can be developed for guiding actions going forward. This can be done through the careful understanding and negotiation of Contracts, through careful Documentation and File Management, avoiding Traps for the Unwary, and keeping abreast of Emerging Trends.
