Architects & COVID-19: Conduct, Contracts & Claims
Agenda
Monday, May 4, 2020, 11:00 am – 12:30 pm CDT
Introduction
The “new normal”
Conduct on-jobsite/conduct off-jobsite
Safety practice in architecture
Contracting concerns
Claims concerns
Best Practices for Architects
Standard of care
Health/safety/welfare
Site protection—PPE
Jobsite cleanliness
Online activities/remote work
Virtual meetings
Site observations—access limitations
Social distancing
Construction delays
• Disruptions • Work stoppages • Material shortages
Stall (delays) in demand for design services
Review insurance—business interruption
Construction inspections
Contracts
HSW comes first—before schedule, LDs and profits
“Essential” vs. “nonessential”
Worker Shortages
Types of projects
AIA contract documents—B101-2017
• RTC—read the contract
• Standard of care—§ 2.2
• Performance of Architectural Services / Schedule – § 3.1.3
• Evaluations of Work – § 3.6.2
• Additional Services – § 4.2.1
• Suspension/Delays – A201 – §§ 9.2, 9.3
• Termination by Owner – §§ 9.5, 9.6, 9.7
• Subconsultants – C401-2017 § 1.3
Notice and documentation
Claims
Initial decision maker—A201
Architect’s rule
Questions/Review
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Credits
Coming Soon!
Speakers
Steven Nudelman
Partner at Greenbaum, Rowe, Smith & Davis LLP, Red Bank, NJMr. Nudelman has represented members of the construction industry across a broad spectrum of matters for over 25 years. He works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the New Jersey and New York metropolitan area. Mr. Nudelman drafts, modifies and negotiates customized contracts, as well as contracts based on standard industry forms from groups such as the American Institute of Architects, Consensus Docs and Design Build Institute of America. His construction contracting work helps his clients manage the risk inherent in construction projects so they may adequately protect their interests now to avoid claims and disputes in the future. When claims and disputes are unavoidable, Mr. Nudelman draws upon his wide-ranging experience in construction litigation, representing clients in state and federal courts throughout the New Jersey/New York metropolitan area, as well as in local and international mediations and arbitrations.
Charles A. Spitz
Owner, Charles A. Spitz, AIA, NCARBMr. Spitz earned a Bachelor of Architecture degree from the University of Kansas and a Master of City and Regional Planning degree from Rutgers University, and he is a graduate of the United States Naval War College. He is a registered architect in five states and specializes in providing forensic architecture and building diagnostic services as well as providing building code consulting services. Mr. Spitz is a former member and past president of the New Jersey State Board of Architects and has served on building code committees for AIA, NCARB, BOCA, ICC, AIA/New Jersey and several other national organizations. He is the chairman of the ICC Building Code Interpretations Committee, former member of the Board of Directors of the Building Seismic Safety Council and former member of the Board of Directors of the Consultative Council of the National Institute of Building Science.