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.