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

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!  Professionals have ‘seals’ that show that they are registered (Engineers) or…

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Document EVERYTHING! Always! No Exceptions! (aka, help your lawyer help you!)

I had a case last year in which once again I found myself thinking:  if only my client had better documented the verbal agreements, we would have had a much easier time defending his work. I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving.  No time for written change directives or a special…

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

  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 jointly have prepared a fairly straightforward document that can tell you exactly what you need to know about sealing of plans? That document, the “Seal…

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Don’t hire me! (Principle is expensive, and lawsuits based on Principle are even more expensive)

I spend a lot of time trying to convince my clients to NOT hire me.  I’m not crazy—let me explain.  Litigation is costly.  Very costly.  And it is time consuming.  Don’t get me wrong—I will go to Court and fight just as hard as you want me to, but I want you to know what you are facing before you go down that road. Now, obviously, if you are the one that is being sued, you have no choice but to…

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

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…

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If you get ‘reported to the Board’ for your Professional License (law note)

The NC Board of Architecture and the NC Board of Examiners for Engineers and Surveyors (as well as other Boards, including the NC Licensing Board for General Contractors) have grievance procedures in which anyone – client or not—can file a grievance against you.  That’s the bad news.  The good news is that the Boards have seen it all before, and if the grievance is someone unhappy about a bill,…

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Always keep your time limits in mind—to know when you can sue, and when you can no longer be sued (law note)

As the calendar year is getting a little long in the tooth, the subject of time becomes top of mind.  Time, in litigation, can make or break your ability to sue (or be sued). A recent blog post by blogger John Caravella addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina. In North…

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Happy New Year!

Happy new year, everyone!  May your contracts always be clear, your projects always on time, and your budget always met! If you haven’t already, now is the time to make a resolution to always review your contracts before you sign them, no matter how familiar you think they look!  You never know what hidden troubles lie therein!  An hour at the start of a contract can save you many hours of…

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The Old Well gets ADA-accessible Face Lift

Long time readers may know that my blood rings 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 Wikimedia Today, she’s sporting a new look:  an ADA accessible look.  UNC reported yesterday that…

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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 is impossible to disconnect from the ongoing onslaught of questions, requests for…

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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 “on time”.  In such cases, only if a life safety violation is…

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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 the termination idea arises:  Remember that you are the neutral and must be…

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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 should be fired but the Owner disagrees.   Again, the standard 7 days…

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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 the Owner gives you 7 days written notice.  In fact, the Owner can terminate your contract for any reason at…

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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 (a) time delays/stand stills or (b) failure of the Owner to make payments as required. Never…

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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 Maker (IDM), and so you have a duty under the AIA documents to act fairly and impartially in making…

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