Long time readers may know that my blood runs Carolina Blue. As a double Tar Heel and a Chapel Hill resident, I’ve seen the Old Well, the symbolic center/emblem of the University of North Carolina at Chapel Hill, for many years.
The Old Well, before the renovation, (c) Kelly.arch3, CC by SA 4.0 via
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Vacation during a Project? Time for your Construction Documents to Shine!
Happy Lazy Day Everyone! What’s that? You didn’t know that August 10th is considered National Lazy Day? Well, it is. And it ties nicely in with today’s theme: how to take a vacation during the thick of the construction project.
Everyone needs a break. You are no different. It can seem, however, that it…
Being the Bearer of Bad News (Sounding the Alarm on construction issues early and often) (law note)
Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may be occurring in an effort to get project open…
Construction Termination Issues Part 6: This is the End (Tips for the design professional)
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.
Consider these summary tips as part of your practice, every time…
Construction Termination Issues Part 5: What if You are the One that Wants to Quit?
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.
“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…
Construction Termination Issues Part 4: What to do when they want to fire you, the architect or engineer
What if you are told that your own design services are no longer needed or welcome on a project? Can they do that? What happens then? How do you protect yourself.
As you probably realize, while rare, the Owner does have the legal right to fire you “for cause”. See B101 §9.4, as long as…
Construction Termination Part 3: When the contractor is firing the owner
Last week we discussed an Owner terminating a Contractor “for cause”. Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting?
First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of these have to do with either…
Construction Termination Part 2: How to handle construction administration when the contractor is getting fired
If you’ve been working as a design professional for any length of time, you know that you must be a chameleon on the construction project. You need to “step into the skin” of both the Owner and the Contractor to determine who is at fault, and who should pay.
You are usually the Initial Decision…
Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series
Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the owner? The answer, as it turns out, is — yes. That is, yes, any and…
Incorporation by Reference in your Design Services Contract– what does this mean, and are you at risk? (law note)
Has an Owner ever asked you to sign his contract before you started work on a new design project? Rhetorical question– this happens all the time, right? Especially in commercial work, developers or owners typically are not happy to simply agree to your Proposal for Services, but instead want you to sign *their* contract.
Make…