#contract administrator

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Whether you are planning a comprehensive range of construction and engineering services, CCR is the perfect partner for your next project.

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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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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 all of the above termination topics were on the table. As you may have suspected,…

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