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The post you’ve been waiting for: Construction Law’s Official Policy on Guest Posts!

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It had to happen sooner or later, I guess.  Folks have been coming out of the wood-work (yes, that’s a pun) to ask if I accept guest posts to my blog.  The short answer is yes, I do.  However, there are rules & considerations for such a post:

Wanted: a few good guest bloggers

1. The post must actually have a point.  Seriously, I’ve seen some pretty lame, SEO-based tripe.  If the article doesn’t have any meat on it, don’t bother sending it along.  [The post must also have no more than 2 requested hyperlinks, preferably in your introduction and not the article itself.]

2. The point of the post (see Rule 1) should benefit the construction community.  Bonus points if it actually speaks directly to architects and/or engineers.

3.  While you can ask me ahead of time if a certain topic would be appropriate, I reserve the right to not post your article if it doesn’t live up to 1 and 2, above.

4.  I may edit your post for grammar, spelling, punctuation, brevity, or content reasons.  By submitting an article to me for consideration, you expressly agree in advance to such editorial changes necessary to your work.

5.  If (and only if) you have a relevant & germane website of your own, a reciprocal link is appreciated.

6.  I attempt to use Creative Commons licensed photos for every post.  It’s helpful, although not a requirement, to submit a Creative Commons image with the article.  If you submit a suggested image (with appropriate link and credit info on the copyright holder), you make it much easier on me.  Easier on me = much more likely to post the article for you.  Got it?

7.  Believe it or not, in addition to being your blog editor/writer/bottle-washer-in-chief, I also have a law practice.  Sometimes it will take me a few days, or in some rare cases, even a week, before I can reply to your email.  Don’t take it personally, and feel free to remind me if you haven’t heard back.  I answer all non-spam email, but it may take awhile if I’m working out of town, in trial, or in depositions.  I’m not at all offended if you remind me of your pending request.

8.  Having no doubt scared off all wanna-be-guest writers with this post, I do actually welcome and appreciate well-written, helpful articles.  I will happily share my blog as a platform for those who have something meaningful to say.  In particular, folks in the industry– lawyers, architects, engineers, contractors, insurance reps– are almost always welcome to submit guest posts.

Any other questions?  Contact me and we can talk.  THANKS!

PS:  I’ll be placing this post on a separate blog page for easy reference after the original publication date.

 Photo: adapted from Vanagon Blog thru Creative Commons license.

 

New NC Laws for Engineers, Architects, & other Construction Professionals (Tue Tip)

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[Note: This article was originally published on November 22, 2011]

NC flag

Today’s Tip is a big one….. a turkey-sized offering in advance of Thanksgiving.   At least 19 new North Carolina laws that effect construction professionals were passed this legislative season.  They run the gamut, including public project bidding requirements, building permits, code issues, and the use of design-build building methods.

Of particular note to Design Professionals:

Senate Bill 708/Session Law 2011-269 reconciles certain rules adopted by the Building Council relating to the January 1, 2012 effective date of certain portions of the 2012 Energy Conservation Code and the 2012 NC Residential Code.

House Bill 616/Session Law 2011-304, which modifies regulations for Engineers and Land Surveyors, including general requirements for licensure.

Check out the spreadsheet for the other construction laws.  You can go directly to the language of the laws from links on the spreadsheet.  Happy reading!

Photo:  Mr. T in DC via Flicker/CC. 

Pick Up the Phone! (Tues Tip)

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phoneToday’s Tip is a simple one: Pick up the phone to ensure good communications on the construction project.  Too many of us naturally default to email or text message when communicating on the fly.  Without the tone of voice, however, many times things get misconstrued or taken out of context. 

I’m sure you’ve had the experience of emailing someone, and later learning they are mad or offended at something you said.  You thought the comment was innocuous.  They took it the wrong way.  Apologies were necessary; feelings were hurt.

While telephoning the other party can take more time, it keeps things on an even keel.  Tones can be “read” and misunderstandings can be cleared up right away. 

The next time you need to have a substantive communication with the Owner or Contractor, try the telephone.  You know, that email-checking/text-enabling device that is always with you?  It can telephone folks too.  Try it.

This post was in no way inspired by any misunderstood emails involving the author.  (Am I serious, or kidding? Hard to tell, isn’t it?).

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Photo:  (c) Victor Manuel via Creative Commons license.

 

 

Construction, er make that CONTRACT, Administration services: a primer (law note)

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[Update 12:42 pm ET, 11/3/11– CA is for Construction Contract Administration, or “Contract Administration” for short- thanks Liz O’Sullivan]

 One of the Architect’s responsibilities on a construction project is that of construction contract administration (“CA”).  While not every contract contemplates the architect performing a CA role, most commercial construction projects do.  What, exactly, should be included in the CA role?  The CA role can be whatever the parties agree upon.  In fact, the AIA A201 form contract documents anticipate that the architect’s role will be defined in an exhibit. 

Construction Construction Contract Administration
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect’s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
What, then, should be included in the CA role assigned to the architect?  The nature of the construction administration role is project specific.  Some projects require a full-time on-site architect, a clerk of the works, or a weekly or bi-weekly site visit.  Because the nature of the CA role cannot be adequately described in a form document, it is especially critical that you take care to describe the specific CA duties assigned to the architectural team in detail.
site observation by architect
 
One of the main CA roles for the design team is that of site observation. Consider:
  • What frequency is contemplated for visits?
  • How long should those visits last? 
  • What is your role during such site visits?
I see many disputes that arise over a misunderstanding as to how often the architect should be on-site, and what his role is in observing the contractor’s work once he is there.  Again, being specific will only help you to avoid misunderstandings, possible litigation, or even extra liability later on.
 
Perhaps the most important concept to remember for your CA role on a construction project: never agree to “inspect” the contractor’s work.  Your role should be observation to see that the work is in general conformance with your design.  You cannot guarantee the contractor’s work (nor would such be insurable).  Therefore, be careful to use the word “observation” and not the word “inspect” in your CA description.
 
What have been your construction observation experiences? Drop me a line and tell me your story.  (And thanks to my many new readers to the blog this week!).
 
 
 
 Photo (c) Mark Hogan via CC.
 
 

 

Standard of Care for Engineers- the Jury Instruction (law note)

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Not perfection I’ve previously talked about the standard of care for design professionals on construction projects. 

As you should be aware, the standard is reasonableness, not perfection.  To illustrate the point, consider a standard North Carolina jury instruction on the standard of care for engineers:

 “Under our law, a professional engineer is required to exercise that degree of care which a professional engineer of ordinary skill and prudence would exercise under the same or similar circumstances, and if the engineer fails to exercise such degree of ordinary skill and prudence under the same or similar circumstances, the engineer’s conduct would be negligence.”

For an architect, just substitute the word “architect” for “engineer” in the jury instruction above.    Sometimes it can be challenging to meet a client’s expectations, and some clients believe that plans should (and can) be perfect.  In your discussions about the project with the client, be sure the client has reasonable expectations.  It is not reasonable to expect perfection in design plans.  Unforeseen conditions, changing criteria, and differing code inspector interpretations are all to be expected.  Educate your client about typical errors & omissions at the start of the construction project.
 
Do you have a question about the standard of care?  Drop me an email at mbrumback@rl-law.com.  Be sure to sign up for email delivery of blog posts directly to your inbox so you never miss a post!