Podcast
Questions and Answers
Why is expertise in subject matter and the mediation process important for a mediator?
Why is expertise in subject matter and the mediation process important for a mediator?
- It ensures complete control over the mediation participants.
- It guarantees a successful outcome of the mediation.
- It creates credibility and empowers the mediator as the guide in the process. (correct)
- It eliminates the need for feedback and evaluation.
What does subject matter expertise contribute to the mediation process?
What does subject matter expertise contribute to the mediation process?
- Guaranteed resolution of all disputes.
- Complete control over the negotiation process.
- Efficiency and credibility in feedback and evaluation. (correct)
- Legal authority over the mediation participants.
Why do most mediators tend to be retired judges or attorneys?
Why do most mediators tend to be retired judges or attorneys?
- Because they guarantee a successful outcome of every mediation.
- Because they have complete control over impasses in negotiations.
- Because they possess rare combined talents of subject matter and process expertise. (correct)
- Because they have no need for credibility in the feedback and evaluation.
What are the best ways to avoid project disputes?
What are the best ways to avoid project disputes?
What is the first goal when it comes to project disputes?
What is the first goal when it comes to project disputes?
What are the successive steps in preventing project disputes?
What are the successive steps in preventing project disputes?
What are the most powerful tools in preventing project disputes?
What are the most powerful tools in preventing project disputes?
What is the term used to describe the expansion of duties beyond the originally agreed scope for architects' work?
What is the term used to describe the expansion of duties beyond the originally agreed scope for architects' work?
Why is absence of a written agreement for extra services problematic for architects?
Why is absence of a written agreement for extra services problematic for architects?
What does the standard of care clause in AIA owner-architect agreements recognize?
What does the standard of care clause in AIA owner-architect agreements recognize?
What can limitation of liability clauses protect architects from?
What can limitation of liability clauses protect architects from?
What is essential for avoiding disputes according to the text?
What is essential for avoiding disputes according to the text?
What behavior is crucial for architects to adopt according to the text?
What behavior is crucial for architects to adopt according to the text?
Which organization has historically been leading in dispute resolution according to the text?
Which organization has historically been leading in dispute resolution according to the text?
What can scope creep lead to according to the text?
What can scope creep lead to according to the text?
What should agreements be according to the text?
What should agreements be according to the text?
What is crucial for preventing disputes and claims according to the text?
What is crucial for preventing disputes and claims according to the text?
What is the default first step in the dispute resolution process favored by the AIA?
What is the default first step in the dispute resolution process favored by the AIA?
What is the second step if mediation does not resolve the claim consensually, according to the AIA Document B141TM–1997?
What is the second step if mediation does not resolve the claim consensually, according to the AIA Document B141TM–1997?
What did the AIA open the door to in AIA Document B101TM–2007?
What did the AIA open the door to in AIA Document B101TM–2007?
What is mediation primarily described as?
What is mediation primarily described as?
What is a key advantage of the mediation process?
What is a key advantage of the mediation process?
What is the starting point for the client education process according to the text?
What is the starting point for the client education process according to the text?
What is crucial for the design and construction process?
What is crucial for the design and construction process?
What may not be legally binding if not integrated into the contract?
What may not be legally binding if not integrated into the contract?
What is helpful to explicitly state regarding the standard of care for architects?
What is helpful to explicitly state regarding the standard of care for architects?
What is essential to avoid misunderstandings according to the text?
What is essential to avoid misunderstandings according to the text?
According to David Ericksen, what does clear contractual language emphasize?
According to David Ericksen, what does clear contractual language emphasize?
What is emphasized as the most important section of any architectural agreement?
What is emphasized as the most important section of any architectural agreement?
What sets the minimum obligation for architects?
What sets the minimum obligation for architects?
What should take place before signing an agreement according to the text?
What should take place before signing an agreement according to the text?
What does absent integration into the contract lead to?
What does absent integration into the contract lead to?
What does client misunderstanding about standard of care equate to?
What does client misunderstanding about standard of care equate to?
Who discusses the importance of client education and clear contractual provisions?
Who discusses the importance of client education and clear contractual provisions?
Study Notes
- Client education is crucial for the design and construction process, involving both generic and project-specific realities.
- This education should take place before signing an agreement and be incorporated into the contract.
- Beginning with AIA Document B141TM–1997 and continuing in AIA Document B101TM–2007, the exchange of initial information is a starting point for this process.
- Absent integration into the contract, prior negotiations and agreements may not be legally binding.
- The standard of care for architects sets the minimum obligation, but clients may mistakenly assume it equates to fulfilling all responsibilities.
- Explicitly stating that the standard of care sets the limit of the architect's design duties is helpful.
- Disclaiming perfection and advising clients of the need for contingencies is essential to avoid misunderstandings.
- The most important section of any architectural agreement is the detailed scope of work.
- The text emphasizes the importance of clear contractual language and the potential consequences of ambiguity.
- David Ericksen, a lawyer specializing in construction law, discusses the importance of client education and clear contractual provisions.
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Description
This quiz will test your knowledge of scope creep issues in architectural projects, including the causes and potential consequences. Understanding scope creep is essential for architects and design teams to effectively manage project expectations and avoid disputes.
