This article discusses the purpose and importance of the submittal process. The construction experts at Robson Forensic are frequently retained to provide expert witness investigations relevant to a…
Architects are tasked with providing a solution to their client’s unique building requirements. This demands an open and transparent interaction between the client and architect, particularly given the various influences that come to bear and the large amounts of capital at risk. Misunderstandings, miscommunication, and/or confusion over the responsibilities of all involved parties can lead to failures during the design phase of a project, resulting in costly and disputed consequences.
This article details the phases of project design, the responsibilities of the involved parties, and questions to consider when investigating a dispute.
Design projects face complex variables which the client and architect must navigate together. These variables include the project type, scale, use and complexity, cost, schedule, project delivery method, location, level of functional and aesthetic design, team chemistry, complexity, relative experience, and the ability of both sides to manage the size of the project. Owners and architects must mutually understand the design and construction process and follow it accordingly through the life of the project. Breakdowns in this process can lead to failures ranging from incomplete designs and un-built buildings to cost overruns, delays, and design defects.
The American Institute of Architects (AIA) recommends that owners and architects enter into an agreement when designing a project. The purpose of these agreements is to formalize and describe how an architect turns a client’s requirements and ideas into a set of plans and specifications for a specific building on a specific site. Failure to meet the agreed upon responsibilities opens the door to misinformed decisions, defective designs, delays, and ultimately defective construction. Each side should share exactly the same understanding, not only of their own rights, responsibilities and duties, but also of those of the other contracting party. These responsibilities typically include at least the following:
Architect’s responsibilities
Owner’s responsibilities
Performance responsibilities are established and agreed upon by both parties in an effort to streamline communication and minimize any confusion, redundancy, and misunderstandings. Identifying reasonable expectations for response times also limits the likelihood of crises demanding immediate attention. When a crisis demanding immediate action becomes an emergency, the time wasted can pile up and result in missed deadlines, an extended schedule, additional fees, or poorly coordinated and/or incomplete drawings.
Construction drawings should be detailed to a level that allows the contractor or builder to price and construct the building with a reasonable degree of confidence. Hiring a General Contractor early in the project, before or during the design phase, is one way owners can be assured that the drawings are adequate. Excessive reduction in design fees may lead to gaps in the construction documents, excessive and often times expensive change orders, and delays.
Owners and architects should discuss and agree upon the level of design and documentation that fits the schedule, scope, and budget for the project. Architects tailor their drawings and specifications to the purpose of their use as well as the agreed upon scope and fee. Design services typically include:
By agreeing to anything less than full construction documents, the owner assumes certain risks that include incomplete drawings, inaccurate construction cost estimates, a protracted permit approval process, and under-performing building materials and finishes. The effective use of contracts may help to align owner-architect expectations, thereby reducing the likelihood of misunderstandings, miscommunication, and disputes. Contracts can also clarify to the owner what is included in the architect’s basic services and what services are supplemental or additional. Documenting the basic and supplemental services at the beginning, or “honeymoon phase” of the project promotes accountability and may limit billing or other disputes later in the project.
Large scale, complex projects require the alignment of vision and collaboration. Under the pressure of time and often limited resources, small breakdowns in the team dynamic can turn into catastrophic project disruptions. Without proper management and communication, these disruptions cause a variety of additional costs, which neither side wants to pay. When sorting out disputes between owners and architects, the following questions are relevant:
Robson Forensic employs architectural experts specializing in issues ranging from architectural design and code compliance to architectural standards and project management. Our architects have designed and built industrial, residential, commercial, and institutional projects and can help make sense of any issues relevant to your investigation.
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