Hi all,

have a question/looking for comments on a general note that the architect had added to my plan. The house is a from scratch design, nothing crazy etc...he added this pharase in there and it makes me uncomfortable accepting the plans with this on it...."These plans are intended to be used by licensed, competent, contractors knowledgeable in the building trades who will check and verify all dimensions and be resonsible for them. Michael Buss architects ltd. is not responsible for the building construction process or safety mean or methods, whom must comply with all building codes. The purchaser and builder of this plan releases michael buss architects ltd, its officers, owners and employees from any claims or lawsuits that may arise during and after the construction process of this project".
Its the last few sentences that has me concerned...I should mention I am a owner builder, the house is approx 3500 sq feet and again, has never been built before, but is a fairly common design with a few modifications. Any thoughts on this???

If the architect has not been retained for observation of construction, then he is simply protecting himself from issues that are beyond his control.

The architect specifies that, for example, a 2x10 must be used in a certain place, but the architect is not, and cannot be, responsible for the methods used to install that 2x10.

Imagine that a doctor prescribes a certain medication, but the pharmacist makes an error and provides the incorrect medication, and a problem occurs. Does it seem reasonable that the user sue the doctor? It is the same with construction. The actual techniques of construction are not the responsibility of the architect, but of the builder or contractor. That is what the architect is protecting himself against.

Whether the words he has used will actually do that is another question.

Thanks for your reply. I understand what you are talking about, however, does this release him from all liability, such as a faulty design or calculation that causes the house to fall down? I know that sounds extreme but I think you get my drift.

Eric

I'm an architect, not a lawyer, but something tells me that no matter what words are put on a set of drawings, when people sue, they sue everybody in sight.

The architect, in my view, remains responsible for the design of the building, including the structure and anything else, so if the design is shown to be faulty, the architect would have liability.

If the problem is caused by faulty construction techniques or failure to follow plans and specifications, then the contractor would have liability.

I hope the difference is clear to you.

Richard,

thanks again for your input. I did speak with a lawyer about the terminilogy used and he believes that is is bad wording. Just out of curosity, do you put wording like this on your plans?

Thanks

Eric

No, I don't, because...well, two reasons...first, I have faith in my own ability and thoroughness, and if my plans are followed reasonably precisely, no trouble should occur, and second, if you're gonna get sued, you're gonna get sued, and no amount of words on your plans is going to stop it. Fortunately, I've only been sued twice, and both times I won slam-dunk cases. Not bad for 30 years' work.

Also, all my proposals contain wording that I am not responsible for full inspection of construction, but only for occasional visits at my convenience. But still, the best defense against suits is a good offense...do the job well, and correctly, and thoroughly.

Hello Eric,

I noticed you mentioned your are an "owner/builder" which usually means a well established Builder with a proven track record has not be hired to produce your project. I highly recommend you hire a good builder or If you want to take the bull by the horns prepare yourself for a wild ride. Please hire a lawyer to draft all your contracts and to advise you on what to do and when. Also remember everyone wants to win but only those who prepared to win, win. If you do not know enough about a complicated subject like framing a home, I think it is only reasonable not to try it. No matter how many times the "Builders of record", you paid to get your interim financing, tells you that the subcontractors on their list can do the job. Someone still must be able see if the job the subcontractors are doing is any good. So if you have no experience at doing the job from what knowledge will you draw from to distinguish between a good or bad job. And finally if you are acting as your own builder, it is not the building inspector's,architect's,or framer's job to make sure your home does not fall down.

Good Luck

I’m a Controller at an Architectural firm, and one of my responsibilities is insurance related.
1- an architect’s liability begins once construction starts. Most architectural fees earned are during CA (construction administration).
I can’t remember any project that wasn’t changed during CA. Usually at the client’s request.
2- if you choose a material that could cause an injury such as a slip & fall; your liable, not the architect.
3- Architects don’t just draft plans.

Eric gave you very good advice.
I have never seen a project go without unforeseen problems.
Unless you like living on the edge, you'll need to continue paying for insurance because you will be liable for the life of the house.
Personally, I’d prefer the peace of mind. I’ve heard of too many bankruptcies because owner-builders

It's just a question, I guess, of going through the process correctly to arrive at the plans for the house. Just as 'Linda' "can’t remember any project that wasn’t changed" during construction, I can't remember many in several hundred that were. Most of mine are built exactly as they were designed, and I do not do "Construction Administration" at all...I find it isn't necessary. Many of my projects are built without even so much as a phone call to me.

It doesn't matter what an architect puts on the plans, he is sill responsible to design to code requirements. If he specified 2x10's joist for a long floor span and the builder uses 2x10's and it turns out they were under sized and the floor collapses it's the architects fault. Your paying an architect for his knowledge and he should bring in an engineer for anything structural he doesn't know and a code expert if he doesn’t know the code. In most states it's illegal for an architect to take on a project outside his area of knowledge. Builders build according to the plans and are expected to have knowledge of building practices and the building codes and address areas that are not normally addressed in a set of plans like fire blocking, proper grading etc., and the builder would be liable only for those type of things. Now if the builder decided on his own to substitute 2x8's for the 2x10's specified by the architect to save a few bucks, he would be responsible for that. You can write anything you want on a plan or contract but it will not absolve them from liability. I wouldn't worry about the note the architect wrote on the plan, it's only there as a common standard to try to dissuade a lawsuit but in reality it won't protect him he did something wrong.

I am comtemplating being a Owner Builder and am curious to find out if any one is curently building a house as a Owner Builder in the Virginia area.

Chippy

quote:

Originally posted by ERIC MCKNIGHT:
Hi all,

have a question/looking for comments on a general note that the architect had added to my plan. The house is a from scratch design, nothing crazy etc...he added this pharase in there and it makes me uncomfortable accepting the plans with this on it...."These plans are intended to be used by licensed, competent, contractors knowledgeable in the building trades who will check and verify all dimensions and be resonsible for them. Michael Buss architects ltd. is not responsible for the building construction process or safety mean or methods, whom must comply with all building codes. The purchaser and builder of this plan releases michael buss architects ltd, its officers, owners and employees from any claims or lawsuits that may arise during and after the construction process of this project".
Its the last few sentences that has me concerned...I should mention I am a owner builder, the house is approx 3500 sq feet and again, has never been built before, but is a fairly common design with a few modifications. Any thoughts on this???

One thing to note as well. Many architects are now starting to require that the builder/contractor provide (and pay for) insurance to protect the architect from design liability. I have yet to get a straighforward answer as to why they can't buy their own insurance like we have to do. But that is becoming a condition to be awarded a contract, therefore I would check the specifications provided to you from your architect to make sure that you don't have to provide additional liability insurance to cover his responsibilities.