CSI MINNEAPOLIS-ST. PAUL JANUARY 2019 PROGRAM
This program will be registered with AIA CES for HSW and LU credit. Pending AIA approval, credits may be granted for attendance. Sign in at the meeting with your AIA number in order to receive credit.
Intersection of Law and the Built Environment
Monday, January 14, 2019
11:30 AM - 1:30 PM
In virtually every project, there is a delegation of some design duties to the contractor. In this discussion, we will examine what typical architect and contractor agreements provide in this regard - and what they should provide to establish clear responsibility and expectations. We will also discuss the ill-defined and rapidly evolving “design assist” concept in the contractual context.
Members - $0.00
Non-Members - $45.00
Registration ends on Monday, January 7, 2019
Registration & Social Hour - 10:45 AM - 11:15 AM
Chapter Business Meeting - 11:15 AM - 11:45 AM
Lunch & Presentation - 11:45 AM - 1:30 PM
REGISTRATION & LUNCH LOCATION
Rose Vine Hall - Grumpy's
The Fairlawn Room
2801 Snelling Avenue
Roseville, MN 55113
Rose Vine Hall is located in Roseville just north of Rosedale Center.
Enter Rose Vine Hall in the main entrance of Grumpy’s.
PARKING & TRANSPORTATION
Parking lot onsite
Chief Corporate Counsel
Mark Kalar, AIA, Esq. is Chief Corporate Counsel at Cuningham Group. Relying on twenty years of experience as an architect, he frequently speaks and writes on ethics, public policy, risk management, and other topics related to the intersection of law and the built environment. Mark is an In-House Counsel Fellow with the American Bar Association’s Forum on Construction Law and past co-chair of AIA MN’s Government Affairs Committee.
OUTLINE OF PRESENTATION
- Design delegation spectrum
- Why delegate/collaborate/defer?
- Expertise, efficiency, time/cost benefit to client
- Not: avoid work or save fee
- Responsibility of design professional
- Standard of care
- Establish design intent
- Customary responsibility of contractor[i]
- Review CDs and report errors, defects, and ambiguities
- Prepare submittals
- Coordination (Piracci)
- Design review/constructability analysis (if a CM)
- Performance specifications (vs. design specifications)
- Delegated design by contract author
- AIA (A201 § 3.2.2)
- Delegated design by delivery model
- Integrated Project Delivery
- Design Assist
- Not consistently defined—process or roles
- Delegation issues amplified
- Issues with collaborative/deferred/delegated design
- Too many drawings, not enough quality communication
- Spearin doctrine doesn’t apply
- Opens design professional to negligent misrepresentation claims from contractors
- Not driven by owner: ex post facto delivery change
- Best practices
- Say what you mean in your contract
- Identify what will be delegated
- Who can rely on what?
- Establish an execution plan—and follow it!
- If post-construction, make sure owner understands additional changes will be required