Civil Engineering Reference
In-Depth Information
trouble, caused by his or anybody else's mistakes. This specifi cally requires that
each individual to understand the design and construction governing circumstances,
and each fi rm to sign only proper and well written contracts.
As a professional engages in performing his duties during design and construc-
tion of a building, there are plenty opportunities for committing different mistakes.
Some mistakes are clear and obviously should not be committed, such as defaming
others or damaging public health. But among all other possible but not clearly
recognizable mistakes that a design or construction professional can make, proba-
bly those in the gray area are the ones proved to be mistakes caused by the design-
er's or contractor's negligence. Even though no one can deliver a fl awless design
or construction and neither anyone can expect a fl awless design or construction, but
the most important thing for a professional to keep in mind is that any possible fi rm
or individual's mistake should not happen due to a negligence-based action. That is
due to the fact that mistakes caused by negligence have the potential for possible
severe legal liabilities, while pure honest mistakes may have not such potentials.
In addition to “negligence,” “standard of care” is another very important defi ni-
tion that should be fully understood. Based on American Institute of Architects
(AIA) standard of care is defi ned as: “The Architect shall perform its services con-
sistent with the professional skill and care ordinarily provided by architects practic-
ing in the same or similar locality under the same or similar circumstances. The
architect shall perform its services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the Project.” This defi nition
is relevant for all other professionals such as engineers and contractors which are
involved in building design and construction industry.
In the following sections of this chapter I discuss the basic factors and methods
that an architect or engineer has to follow in order to engage in contracts cautiously,
perform his duties based on the standard of care, and avoid actions that can be
possible grounds for future legal confrontations based on the fi rm or individual's
negligence.
7.2
Engaging in a Contract Agreement
The fi rst step in starting an architectural or engineering design or construction
project is the act of reaching an agreement between the professionals and the project
owner. This requires both parties to engage in a contract agreement in order to
clearly specify the needs and expectations of the owner and the responsibilities and
the compensation of the professionals. Naturally every owner through the project
contract language does his best effort to protect his money, get the best possible
building and most lengthy and effective guarantees that he can get from the profes-
sionals. At the same time each professional does his best to design or build the best
building in line with and even better than all governing codes and standards without
