PCM 177-185 hard

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Questions and Answers

What is one of the risks architects face when clients opt for the 'reuse' of designs?

Higher chances of being hired for future projects

Increased copyright protection for the architect's designs

Potential professional liability for problems arising from subsequent uses of the same plans (correct)

Decreased exposure to professional liability due to familiarity with the design

Why is it important for architects to maintain the copyright to their designs?

To ensure compliance with client preferences

To increase the likelihood of being hired for future projects

To avoid any future changes to the design

To have a level of control over their creative and professional endeavors (correct)

What motivates clients to consider reusing designs?

To increase the likelihood of copyright acquisition

To ensure originality in their construction projects

To reduce the control architects have over their designs

To eliminate the need to hire another architect and save money (correct)

What is one of the leading reasons for claims against an architect?

Architect's pursuit of fees due on the project Signup and view all the answers

What is the belief in the industry regarding owners' counterclaims against architects?

Owners file counterclaims to discourage architects from compromising on their outstanding fees Signup and view all the answers

What does the text suggest about architects' involvement in disputes?

Architects are almost certain to be involved in a claim at some point Signup and view all the answers

What is critical for architects to consider before commencing a demand for fees?

The potential risks and benefits of asserting such a claim Signup and view all the answers

Which document is essential for reconstructing project events and for defending or presenting claims?

Diary/daily reports Signup and view all the answers

What should architects do when documenting problems?

Investigate potential causes instead of admitting fault Signup and view all the answers

What does adequate documentation help with?

Keeping the owner informed of significant project events and managing expectations Signup and view all the answers

What does U.S. copyright law safeguard in architects' professional services?

Design and construction drawings, models, and the built structure Signup and view all the answers

What should architects familiarize themselves with to protect their intellectual property from infringement?

Their copyright rights Signup and view all the answers

Who provides advice on professional liability exposure?

Joe Jones, a risk management attorney and director of Schinnerer's risk management services Signup and view all the answers

What is essential for architects to establish in order to have project documents admitted into evidence under the business records exception to the hearsay rule?

Proper office protocol for record-keeping Signup and view all the answers

What type of documentation is critical in resolving disputes or influencing decision makers several years later?

Contemporaneous documentation Signup and view all the answers

What could happen if a party spends too much time attempting to document every conceivable detail on a project?

The project will likely become cost prohibitive or impossible to complete in the given time frame Signup and view all the answers

What is an example of a critical document necessary for proper communication on any given job?

Contracts Signup and view all the answers

What type of documentation is often very beneficial to architects if a claim arises?

'Proper records' Signup and view all the answers

What is essential for architects to include in their office protocol for record-keeping?

'Provisions under which senior personnel review the work of junior associates on a periodic basis' Signup and view all the answers

What is a crucial factor for successful construction projects?

Effective communication Signup and view all the answers

What is considered essential for communication in the construction industry?

Proper documentation Signup and view all the answers

What type of documentation is generally allowed as evidence in trials?

Contemporaneous documentation during the project Signup and view all the answers

What does documentation provide a record of in the construction industry?

Contractual relationships, scope of work, ongoing communication, and project chronology Signup and view all the answers

What is critical for determining the project's intended final result?

Project documents like specifications, drawings, shop drawings, and change orders Signup and view all the answers

What helps raise understanding between parties and eliminate problems?

Constant communication Signup and view all the answers

Study Notes

Effective communication is crucial for successful construction projects and can prevent or eliminate potential claims.
Proper documentation is essential for communication in the construction industry and can significantly impact trial outcomes.
Contemporaneous documentation during the project is generally allowed as evidence in trials.
Documentation provides a record of contractual relationships, scope of work, ongoing communication, and project chronology.
Contracts define the roles and responspectives of each party, and project documents like specifications, drawings, shop drawings, and change orders are critical for determining the project's intended final result.
Constant communication helps raise understanding between parties, mitigate potential surprises, and eliminate problems.
Correspondence, clarifying sketches/drawings, and RFIs are useful tools for communication and problem resolution.
A lack of communication is a common cause of claims in the construction industry, particularly between architects and clients.
Clients may have different expectations and goals than architects, leading to misunderstandings and disputes.
Architects must continuously communicate with clients to manage their expectations and ensure they are aware of the project's progress and potential challenges.
Written contracts provide a clear definition of the scope of work for each party.
Documentation consolidates essential information for future reference and can help resolve disputes if they arise.
Effective communication and documentation can help build trust and collaborative relationships between project participants.
The project management team's clear and continuous communication helps eliminate misunderstandings and potential disputes.
All project participants, including architects, engineers, contractors, and clients, are responsible for maintaining effective communication and documentation.

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Description

Explore common problems in construction projects and the potential legal consequences. Learn about the importance of communication and addressing issues to avoid serious long-term consequences.