Question regarding Schiff Hardin Lecture

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3 comments

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    Scott Barber

    I'd follow what he said in the lecture. I agree it doesn't seem "right" based on the contract, but if an architect shows in writing that they are aware of a safety concern, they can be brought into a lawsuit. In honesty, they'll probably be brought into the lawsuit either way - but if they show in writing they were aware of a problem they don't have much ground to prove they weren't liable. These types of situations have happened before, where an architect wrote in a field report of an issue and then was responsible for paying part of the lawsuit after an injury. It's a difficult line to walk - managing the ethical/moral responsibility of safety and trying not to get thrown into a lawsuit - but typically you should tell the contractor in person, but not in writing, if you want to avoid liability in a lawsuit. 

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    Yasmin Fathi

    He is right, when you inform someone in writing, you are accepting responsibility for what you see so officially making yourself liable for the outcome of what you see, you are creating document that you were aware, so whatever happens, you will be liable. But when you inform the contractor, you performed your duty ethically and tried to prevent the accident, 

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    Sogol Alesafar

    Not sure if this helps but maybe you can refer to Brightwood, lesson 8, p.144. It discusses this issue and architect's responsibility as below:

    Hope it helps!

     

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