Tag Archives: design professional

Engineering Seals versus Contracts ‘Under Seal’ (two very different things)

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Recently, I was asked by a reader to explain the difference between a document that is ‘sealed’ by an engineer (or architect) and one that is signed ‘under seal’.  This question prompted this post, as others may also be wondering about the distinction.  [Hi Ed! Thanks for your question]

 Not all Seals are alike!

Different types of seals

 Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects).  As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control.   Your signature represents that you were in responsible control over the documents, and that they have met the required professional standard of care.  (21 NC Admin Code 2-0206 (a)(11)).

A contract can be signed ‘under seal’ – but what, exactly, is the ‘seal’ in that case.  The terminology is from the by-gone days of wax seals on important documents.  But the [seal] after your signature is a way of making a contract have an extended statute of limitations.  It is *not* related to your professional seal in any manner.

And, notably, you don’t extend the statute of limitations by putting your professional seal on them.

Did you ever sign a document ‘under seal’ and wonder what the [seal] meant?  Drop me an email at mbrumback@rl-law.com or comment below.

The Who/What/How of Sealing plans for Architects and Engineers (law note)

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The proper use of professional seals in North Carolina is critical.  Failure to follow the prescribed requirements can subject you or your Firm to a Board sanction.

Did you know that the NC Board of Architecture and the NC Engineering Board have jointly prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans?

That document, the “Seal Brochure” (pdf) is available for download.    Every state’s regulations is a little different (thank you Federalism!) so it is worth reviewing with your staff at regular intervals, especially if you do work across state lines.

One of the most important sections is reproduced here: 

What are the sealing requirements for plans/drawings?

Architects: must seal all plans and specifications for use in this state. (“For use in this state” means drawings and specifications prepared for bidding, procurement, permitting, or for construction.)

Registered Interior Designers must seal all plans and specifications for use in this state. (“For use in this state” means drawings and specifications prepared for bidding, procurement, permitting, or for construction.)

Engineers: The licensee must certify all engineering work in compliance with 21 NCAC 56 .1103 (pdf). Certification includes seal, date of signature and signature.

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Do you have any experience with dealing with sealing issues?   Did the licensing board get involved?  Drop me a line at mbrumback@rl-law.com or comment below.

Construction and Design Contracts— they are more important than you might think! (law note)

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As regular readers of this Blog know, contracts are extremely important for all parties involved in a construction project.  While verbal contracts can be enforced, a written contract, which is finely-tuned to your specific project, can save you a lot of time and money later on if the proverbial poo hits the fan.

I recently read AIA’s take on contracts, in their Construction Risk Brief (which you

Shaking hands with bribe money

Hopefully your own contracts don’t start like this handshake!

should subscribe to [free] if you have not already).  Their featured article is on “Best Practices for Construction Contracts”.  In the piece, they discuss  7 key points to address in each contract.  I concur for the most part, although want to point out that some of them (such as the regular monitoring and documentation bullet point) are deserving of their own post, as there is a *lot* that can and does go wrong during the construction administration phase.

The AIA, of course, is interested in having you purchase a subscription to their 300+ form database.  And, if you are involved in a lot of projects, you should definitely consider doing so.  The AIA contracts have almost become the ‘gold standard’ of construction contracts due to their familiarity and popularity.  They are not, however, a one-size-fits-all set of documents.  The AIA contract forms themselves have some decisions or elections to make within them.  And, you may find that an AIA contract doesn’t work for your project.  For example, it may be too verbose for a small porch addition to a house, for example.  If you work with homeowner clients, they will (rightly) be very intimidated by the length and breadth of an AIA contract—even a small project contract from the AIA.

Can a non-AIA contract be used successfully?  Absolutely.  It just needs to have the same key issues spelled out so all parties know the agreement.

Check out the AIA’s article, and let me know if your own contracts pass the test.  If not, now is the time to update them to best protect yourself from future risk.

 

Construction Termination Issues Part 6: This is the End (Tips for the design professional)

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Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems.

pencil tipsConsider these summary tips as part of your practice, every time the termination idea arises:

  1.  Remember that you are the neutral and must be impartial between Owner and Contractor
  2. After you have made a fair decision, document your decision to the Owner and Contractor
  3. Provide options less nuclear for Owners– stop work; removing scopes of work; etc.
  4. Guide your Owner on proper termination, notice provisions, and the like
  5. Document project status, regardless of who is doing the firing and who is leaving the project
  6. Document next steps in the work on the critical path if you are the one leaving the project
  7. Discuss the use of your subconsultants if you are leaving
  8. Protect your plans and specifications, and only release them with protections (licensing fee; limiting language on the plans; and/or indemnity agreements)

Did you miss any of the series?  You can find it all at these links:

Or, use this link if you’d rather have a downloadable PDF of the entire series.

Still have a burning question that I haven’t yet addressed?  Let me know below or drop me an email.

Until next time……… Hasta luego!

Photo by Petr Kratochvil /Public Domain Photos

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

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Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required.

breaking heart

“It’s not you, it’s me!” (It’s you)

You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees.   Again, the standard 7 days written notice is required.  (See B101 §9.4).

Do you have to walk off the job if they are not paying you?  No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner.   (See B101 §9.1).   Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with.

Can the Owner use your plans and specs?

The default AIA design professional contract provides that the drawings and specifications are the copyrighted work of the DP (B101 §7.2) and that the Owner is given the limited, nonexclusive license to use them only for the Project.  (B101 §7.3).  However, all bets are off if you quit because they are not paying you.  [Under ConsensusDocs, copyright issues are essentially the same].

 In a “rightful termination”, the owner’s license to use your work terminates.

So, you should remind the Owner– in writing, of course– that they are forbidden from using your plans.  Now, you can negotiate a release of the documents in exchange for a release of liability or indemnity agreement.  The AIA provides for a “licensing fee” under B101 §11.9.

The right to your designs is a critical one—protect it, and use it to protect yourself.  Consider both the licensing fee and an indemnity agreement to protect you in the case where you are leaving a project that is still being constructed.

Have you ever “fired” a client?  How did they take it?  Was it a relief to not have to continue working with them?  Share below, or shoot me an email.

And stay tuned for the conclusion of our series next week, in Part 6:  Termination Final Remarks

Photo (c) Pixy.org