435685
Description
Flashcards by micbell2000, updated more than 1 year ago
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Created by micbell2000
almost 11 years ago
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| Question | Answer |
| What happens if the architect gets sued? | A formal claim is filed by the Owner or Contractor. The architect will have to answer the demand or complaint in a legally sufficient manner. Legal counsel must be engaged. If the architect has Liability Insurance, they must notify the Insurance Company. |
| What will the lawyer expect to see in order to prepare a defense? | All relevant documents and records. |
| List some items pertaining to the pre-construction phase. | Owner-Architect Agreement and all amendments and early drafts Minutes and informal notes of all meetings with owner, material and equipment manufactures, and consultants. Owner's design program and criteria All design criteria developed by architect or consultants Copies of all disclaimers and disclosures sent to the owner by architect or consultants Correspondence to and from owner and all owner's advisers Memorandum to file Insurance Policies Appointment books, telephone logs Design sketches, presentation drawings, and presentation writings Construction drawings and specifications etc. |
| List some items pertaining to the construction phase. | Construction contract documents including owner-contractor agreement, general, supplementary, and special conditions, construction drawings. Modifications to the construction contact documents such as contract amendments, change orders, construction change directives, and architect's written orders for minor changes. Advertisement for bids, bidding instructions, and sample forms. Minutes and informal notes of all meetings with contractors, subcontractors, and suppliers. Shop drawings, both rejected and approved; Correspondence and memorandum to and from contractors, subcontractors, and suppliers etc. |
| List some items pertaining to the post-construction phase. | Contractor's written agreements and mechanics' lien releases Correspondence relating to owner's request for warranty service Operating instructions and equipment lists submitted by contractor Record drawings and marked-up prints and specifications submitted by contractor Photographs of completed project and photographs illustrating maintenance standards Certificate of Occupancy Notice of Completion Bids or contracts for Maintenance service. |
| What are the obligations of a professional witness? | To answer honestly, openly, and completely! |
| Explain how partial services can attract third-party claims. | The developer is under no obligation to the architect, such as in complying with the drawings, and therefore misconceptions in interpretations of the documents are frequently carried into construction. |
| List some ways to attract a lawsuit. | Overselling, the empty promise of perfection Exhibiting Professional Liability Insurance Lack of Communication with the Client Failure to Answer letters or emails and return telephone calls Sitting on Complaints Not checking the Work Product Violation of Sound Business Principles |
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