Harden Lecture contradicts PPI material?


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    Scott Barber

    Hi Scott,

    This is a difficult situation to handle ethically and professionally. There are different opinions and I don't have any work experience dealing with this personally. However, I would trust the Schiff Hardin lectures over Ballast 99% of the time, if there's a contradiction. I'd say the same thing for any contradictions between Ballast and any of the books, too. 

    Michael Hanahan's explanation, from my memory, is because when the architect admits, particularly in writing, that they knew of a job safety concern, they could be included in any subsequent lawsuit. Even if it's not our fault, and we are only contacting the owner or contractor to allow them to deal with the issue, we would likely be included in the suit. Contractually, we (architects) are not responsible for job site safety. Ethically (can't remember if the AIA Code of Ethics addresses this), however, we would be remiss not to bring it to the attention of the contractor when we recognize a safety issue. That's why he suggests telling the contractor in person, but not writing it down in the field report or in an email. 
    I don't know, legally, how it would be interpreted if an email was written to the owner and contractor which included "according to the A201 and B101, the architect does not assume responsibility for job site safety concerns..." but that may be an alternative.

    If anyone has more experience with this and disagrees, feel free to correct me. Thankfully I haven't had to deal with this issue in person, as I imagine it's a difficult situation to walk through given all the potential repercussions. 

    Personally, I used Ballast as an intro to the content but I was hesitant to use it as my primary source and didn't trust it completely...do you have the AHPP? I thought it might discuss the issue in there but it's been a while since I read it so I can't remember exactly. 

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