Law And Practice For Architects

142 Pages·2005·1.27 MB·English

by  Robert Greenstreet PhD RIBA

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Law and Practice for Architects
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Law and Practice for
Architects
Bob Greenstreet
Karen Greenstreet
Brian Schermer
AMSTERDAM• BOSTON• HEIDELBERG• LONDON• NEW YORK• OXFORD
PARIS• SAN DIEGO • SAN FRANCISCO• SINGAPORE• SYDNEY• TOKYO
Architectural Press is an imprint of Elsevier
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Architectural Press
An imprint of Elsevier
Linacre House, Jordan Hill, Oxford OX2 8DP
30 Corporate Drive, Burlington MA 01803
First published 2005
Copyright © 2005, Robert Greenstreet, Karen Greenstreet and Brian Schermer.
All rights reserved
The right of Robert Greenstreet, Karen Greenstreet and Brian Schermer to be
identified as the authors of this work has been asserted in accordance with the
Copyright, Designs and Patents Act 1988
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Contents
List of AIA documents vii
Preface ix
Chapter 1 The architect and the law 1
Chapter 2 The building industry 15
Chapter 3 The architect in practice 29
Chapter 4 Law and the design phase 47
Chapter 5 Contract formation 61
Chapter 6 The construction phase 83
Chapter 7 Completion 101
Chapter 8 Dispute resolution 113
Glossary of common legal terms 127
Index 129
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List of AIA documents
B141-1997: Standard Form of Agreement between Owner and Architect 35
A310 Bid Bond 72
G715 Supplemental Attachment 73
A312 Performance Bond and Payment Bond 75
G711 Architect’s Field Report 90
G710 Architect’s Supplemental Instructions 91
G701-2001 Change Order 95
G702 Application and Certificate for Payment 96
G706 Contractor’s Affidavit of Payment of Debts and Claims 105
G706A Contractor’s Affidavit of Release of Liens 106
G707 Consent of Surety to Final Payment 107
G704-2000 Certificate of Substantial Completion 108
All forms reproduced by kind permission of The American Institute of Architects, www.aia.org.
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Preface
Many architects cringe when discussing issues related to the law and practice procedures because they
associate these with an almost Pavlovian response to disputes, wrangling with lawyers, and threats to
their livelihood. The authors of this book, however, feel that such a reaction is largely unwarranted. Far
from being a source of threat and fear, knowledge of law and practice provides a welcome measure of
security and certainty.
In everyday practice, the architect spends considerable time carrying out various administrative tasks
and dealing with problems and situations arising from the design and construction of each new building
project. In order to do this effectively, a basic knowledge of all the relevant procedures involved is neces-
sary, coupled with an understanding of the broader legal and professional issues at stake.
Law and Practice for Architects provides a comprehensive, concise, and simplified source of practical
information, giving the reader a basic legal overview of the wider principles affecting the profession, and
concentrating on the more specific procedural aspects of the architect’s duties. In addition, it contains a
series of checklists, diagrams, and standard forms which provide a quick and easy reference source.
Each section of the book culminates with a short commentary on the architect’s responsibilities enti-
tled ‘Practice Overview,’ based on a series of articles published in the architectural journal Progressive
Architectureby Bob Greenstreet. Each is followed by a Question and Answer page, addressing common
problems or issues likely to be encountered at each stage of the design and construction process. Neither
the Practice Overview nor the Q & A sections are intended to provide a specific answer to a problem, as
each practice situation would, in reality, merit its own unique handling. Rather, they are meant to con-
vey an attitude appropriate to successful practice management.
The most recent AIA standard forms for design, construction and construction management have
been referred to extensively throughout the text. Many of the forms reproduced in the book are pub-
lished by the American Institute of Architects. While their use is by no means mandatory, they are use-
ful in providing a consistency of understanding on each project between the various parties, and are
therefore recommended where appropriate.
Law and Practice for Architects offers only an introductory framework of information, as a detailed
analysis of all relevant aspects of the subject could not possibly be crammed into so few pages. Many ele-
ments of law vary from state to state and, in some cases, from city to city, so it is important that readers
use the text as a basic overview of the subject, checking for more detailed information where appropri-
ate. For example, for out-of-state practice it may be prudent to investigate such information as licensing,
codes, lien law, partnership laws, etc., before providing professional services. Similarly, it is not the inten-
tion of the authors to provide a legal service in the publication of this book, but to offer an introduction to
legal and practical matters concerning architecture. Legal assistance is strongly advised where appropriate.