Standard of Care

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7 comments

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    Joel Edwards

    I would assume you would need to increase your liability coverage since you are taking on additional risk. However it would be best practice to discuss with your client other ways to minimize potential claims to help divert liability away from the Architect.

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    Pierre Antounian (Edited )

    It is my understanding that the Standard Of Care in and of itself does not require us to raise our standards above reasonable levels.
    I agree that alternative methods should be pursued to help divert liability away from the Architect.  

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    Lemuel Guidos (Edited )

    We’ll be held to what any other architect in the same area under the same conditions.. etc. but let’s say a client asks you to guarantee in the contract that the project will cost a certain amount, knowing this is something you shouldn’t do, what do you do?

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    Joel Edwards

    A client who is asking an Architect to guarantee project costs sounds like a high risk client that will most likely create more problems for you later on in the project. As an Architect, it is your job to educate them that you cannot guarantee a project cost. One thing you can do is suggest they negotiate a Guaranteed Maximum Price (GMP) contract with the General Contractor to help give your client peace of mind.

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    Fernando Mingo Jozami

    but let’s say a client asks you to guarantee in the contract that the project will cost a certain amount, knowing this is something you shouldn’t do, what do you do?

    You make sure you strike out that provision and the word "guarantee" in the contract or else you walk away. No insurance will cover your back after reading that word. If you accept you are putting yourself in great risk because the standard of care was not created to be perfect.

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    Pierre Antounian

    I agree with Fernando.
    If we were to put the original question in the context of taking the PcM exam and if were to encounter a question just like the original one posed by Lemuel, and if only ONE answer of 5 or 6 possible answers were asked to be chosen, WHAT WOULD BE THE CORRECT ANSWER?
    If both striking out the guarantee claus and walking away from the client were possible correct answers: which of those two is the absolute correct answer?
    Both are correct to my understanding, but WHICH one is the best option?
    I would argue that striking out the guarantee claus is the correct answer. What are peoples thoughts on that?

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    William May

    I would think logically that there is no way to guarantee a cost unless there are specific criteria listed for what is or isn't guaranteed.  Having insurance and relying on that insurance frequently are tow different "things". 

    If you have a lot of claims against your insurance they are eventually going to drop you as you are too high a risk for them.

    The best insurance is the one you never use.  If you are constantly falling back on your insurance you are probably making bad decisions.

    For what it's worth.

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