I just attended the CEO Large Firm Roundtable (LFRT) conference of the AIA which was held last week in Vancouver, Canada. One of the speakers was Edward Mazria, an activist for the AIA’s Architecture 2030 program, and one of the most compelling and erudite speakers in our profession on the subject of climate change.
I am proud that TRO Jung|Brannen is one of 38 LFRT member firms to underwrite the Architecture 2030 program, and I left Ed’s lecture with renewed energy to rededicate our firm’s resources to the daunting sustainable design challenges that lie ahead. However, the moment I returned to my office I was confronted with a copy of the October, 2009 issue of Architect magazine. In it are the results of a recent survey of 960 design professionals on the subject of climate change. As a well-known gameshow host once cried “THE SURVEY SAYS…… 13% of design professionals think global warming is a hoax!”
Who are these people? Is our profession really so woefully misinformed that a significant percentage actually believe the political spin rather than the scientific evidence?
I hope the magazine was just kidding.
Monday, October 26, 2009
Tuesday, October 20, 2009
Take Care
One of the frustrating things that I see going on in our profession during this recession is the draconian “standard of care” expected of architects by some program managers and clients.
The AIA B141 Owner-Architect Agreement speaks to the issue in Paragraph 1.2.3.2 of the 1997 edition, Part 1, as follows: “The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work.” To further clarify the standard of care clause, I routinely recommend the following amendment: “The Architect’s services shall be performed consistent with the degree of skill and care ordinarily exercised by practicing architects performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions, and the orderly progress of the work.” Both versions are reasonable. They comply with our professional liability insurance, and are consistent with professional service case law. They make it clear to all parties that the architect shall not be held to a standard of perfection when performing his or her duties.
Designing and constructing buildings is a complex undertaking involving thousands of tasks completed over many years and mistakes are, unfortunately, made during the course of the process. For that reason, owners and contractors alike are advised to carry suitable contingencies in their budgeting. Most do, but many do not. For clients with inadequate contingencies, money gets tight at the project’s conclusion and some are increasingly inclined to blame the architect for change orders and cost overruns and to seek unreasonable financial redress in order to balance their budget.
Our firm is very proud of our service record and change orders within our control rarely exceed 2 – 3% of the construction cost. In short, although we may strive for perfection on every project, we are typically only 97.5 % perfect, not 100%. By comparison, a 5% change order rate is thought to be a reasonable standard of care benchmark.
As a profession, I would suggest that we do three things: First, strengthen the standard of care language in our contracts to remove any ambiguities or potential for misinterpretation; second, have a candid discussion with the client and program manager at the onset of the project to obviate unreasonable expectations of perfection regarding the design team’s performance; and, third, insist that suitable contingencies are incorporated in the project budget.
We all work hard to protect our clients. Let’s see that we take care to protect ourselves as well.
The AIA B141 Owner-Architect Agreement speaks to the issue in Paragraph 1.2.3.2 of the 1997 edition, Part 1, as follows: “The Architect’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work.” To further clarify the standard of care clause, I routinely recommend the following amendment: “The Architect’s services shall be performed consistent with the degree of skill and care ordinarily exercised by practicing architects performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions, and the orderly progress of the work.” Both versions are reasonable. They comply with our professional liability insurance, and are consistent with professional service case law. They make it clear to all parties that the architect shall not be held to a standard of perfection when performing his or her duties.
Designing and constructing buildings is a complex undertaking involving thousands of tasks completed over many years and mistakes are, unfortunately, made during the course of the process. For that reason, owners and contractors alike are advised to carry suitable contingencies in their budgeting. Most do, but many do not. For clients with inadequate contingencies, money gets tight at the project’s conclusion and some are increasingly inclined to blame the architect for change orders and cost overruns and to seek unreasonable financial redress in order to balance their budget.
Our firm is very proud of our service record and change orders within our control rarely exceed 2 – 3% of the construction cost. In short, although we may strive for perfection on every project, we are typically only 97.5 % perfect, not 100%. By comparison, a 5% change order rate is thought to be a reasonable standard of care benchmark.
As a profession, I would suggest that we do three things: First, strengthen the standard of care language in our contracts to remove any ambiguities or potential for misinterpretation; second, have a candid discussion with the client and program manager at the onset of the project to obviate unreasonable expectations of perfection regarding the design team’s performance; and, third, insist that suitable contingencies are incorporated in the project budget.
We all work hard to protect our clients. Let’s see that we take care to protect ourselves as well.
Monday, October 5, 2009
Staying Connected
It seems to me that we are altogether too “wired” to one another.
Like most business men and women I carry my iPhone wherever I go and am always checking it for everything from emails to stock quotes. It keeps me connected to my business, my home, the internet and just about anything else that I want to access.
But, last week I took a much needed break from work and spent a week flyfishing in a remote area of New Hampshire where my iPhone had no reception. At first I was anxious and used a nearby landline periodically to call the office. But I soon realized that I needed to connect with nature more than the office and began instead to invest my time in appreciating the remarkable beauty of the mountains and the haunting call of the loons rather than obsessing about work. I returned to my job much refreshed as a result.
It seems to me that we would all do well to stay connected with nature a bit better, particularly our children and grandchildren who are too often transfixed by computer games or text messaging. As design professionals we hope the next generation embraces sustainability as we do and seeks to preserve our natural environment. But how will they do so if we do not see that each of them gets frequent opportunities to enjoy all that Mother Nature has to offer?
I called my Godson when I returned and we are going flyfishing in three weeks – just to stay connected!
Like most business men and women I carry my iPhone wherever I go and am always checking it for everything from emails to stock quotes. It keeps me connected to my business, my home, the internet and just about anything else that I want to access.
But, last week I took a much needed break from work and spent a week flyfishing in a remote area of New Hampshire where my iPhone had no reception. At first I was anxious and used a nearby landline periodically to call the office. But I soon realized that I needed to connect with nature more than the office and began instead to invest my time in appreciating the remarkable beauty of the mountains and the haunting call of the loons rather than obsessing about work. I returned to my job much refreshed as a result.
It seems to me that we would all do well to stay connected with nature a bit better, particularly our children and grandchildren who are too often transfixed by computer games or text messaging. As design professionals we hope the next generation embraces sustainability as we do and seeks to preserve our natural environment. But how will they do so if we do not see that each of them gets frequent opportunities to enjoy all that Mother Nature has to offer?
I called my Godson when I returned and we are going flyfishing in three weeks – just to stay connected!
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