Consolidation or Joinder in B101: Allowed or Prohibited?
As per Black Specs Question, seems Joinder is prohibited by B101. Researching more in deep, I had founded several authoritative and conflicting opinions, which is the truth?
Prohibited:
"Professional Practice, A Guide to turn Designs into Buildings" Paul Segal FAIA, page 88
again page 115
Allowed:
Michael Hanahan, B101 Conference
https://youtu.be/gDNRGtq0Hp8?si=Ir9R3U7QW4UMvZ6O Minute 1:35:20
As far I understand from the same B101
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Hi Ulises Bea,
Can you please send write into our website (either via chat or support@blackspectacles.com) so that we can look into this specific question further? There may be some additional context to consider in the given question.
Based on the sections referenced in these screenshots, joinder is allowed "provided that the party sought to be joined consents in writing..." So, it's technically allowed, but would depend on whether the party you're trying to bring into the suit would agree to it. In reality, that's unlikely, as not many are going to voluntarily agree to get pulled into a lawsuit. You would want the other party to have to file a separate lawsuit and hope they don't have the cash to fund multiple suits.Please note that this is not legal advice and is solely for the purpose of ARE prep only.Hope this helps! Happy studying :)Kiara Galicinao, AIA, NCARB
Black Spectacles
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