I'm working on a small commercial renovation in NYC. My partner + I are acting as the owner's design consultant (we're not licensed). The expeditor's PE will stamp the dwgs.
As we are moving towards construction, we are wondering how to protect ourselves from claims after construction (less worried about claims during construction).
Couple questions:
1) What's our liability in this situation? As non-RAs, can we get liability insurance? Should we be listed as additional insured on the contractor's insurance? Would forming an LLC help?
2) How to represent our role on the drawings + contracts? We are planning to use the PE's title block on the dwgs. We are using an AIA contract for construction + plan to change all references to "architect" to "design consultant" or "owner + his advisor / representative" or similar.
so the PE is letting you do the drawings and they will sing them? It's their stamp and they are liable for anything that goes wrong....so I don't see why you would have to worry about it.
Back in the days when I worked for a small firm I did projects on the side and the principal of the firm always let me use his stamp and his title block on my own drawings because he knew that I would not mess up, and plus I was working for him at the office so I would ask him bunch of questions about it. I'm not sure if he would be doing that for anybody.....so I'm not sure what the relationship with the PE and you is and why they would let you use their stamp???
You are a consultant, but you are doing drawings? Am I understanding this right? I, personally would not worry about it, because you are as you say "consultant" and they don't have to listen to you... and if something would happen, how would they prove anything, because there is nothing in writing? Technically you didn't do any drawings and it would be PEs responsibility.....
Point is that the RA is putting his head in the guillotine for your work. The things you need to worry about are the systems that might be signed off. Any structural work or bringing to code work to be done might be an issue. Your gonna pay for the stamp and for the expeditor. LLC wont protect you for professional negligence. So if you mess up now, your done for pretty much forever. I would get your stamp guy and anyone else involved to sign a contract that you draft you create stating that you and your partner and your design company to hold no liability and that all liability is to the RA. Thats why your gonna pay 10K for it im sure. good luck
Aug 24, 10 4:04 am ·
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Liability insurance - unlicensed designer
I'm working on a small commercial renovation in NYC. My partner + I are acting as the owner's design consultant (we're not licensed). The expeditor's PE will stamp the dwgs.
As we are moving towards construction, we are wondering how to protect ourselves from claims after construction (less worried about claims during construction).
Couple questions:
1) What's our liability in this situation? As non-RAs, can we get liability insurance? Should we be listed as additional insured on the contractor's insurance? Would forming an LLC help?
2) How to represent our role on the drawings + contracts? We are planning to use the PE's title block on the dwgs. We are using an AIA contract for construction + plan to change all references to "architect" to "design consultant" or "owner + his advisor / representative" or similar.
Anyone have experience with this? Thanks!
Do you have any assets that need protecting?
if you are only acting as a consultant I dont think that you are liable...I just made that up, btw
so the PE is letting you do the drawings and they will sing them? It's their stamp and they are liable for anything that goes wrong....so I don't see why you would have to worry about it.
Back in the days when I worked for a small firm I did projects on the side and the principal of the firm always let me use his stamp and his title block on my own drawings because he knew that I would not mess up, and plus I was working for him at the office so I would ask him bunch of questions about it. I'm not sure if he would be doing that for anybody.....so I'm not sure what the relationship with the PE and you is and why they would let you use their stamp???
You are a consultant, but you are doing drawings? Am I understanding this right? I, personally would not worry about it, because you are as you say "consultant" and they don't have to listen to you... and if something would happen, how would they prove anything, because there is nothing in writing? Technically you didn't do any drawings and it would be PEs responsibility.....
Point is that the RA is putting his head in the guillotine for your work. The things you need to worry about are the systems that might be signed off. Any structural work or bringing to code work to be done might be an issue. Your gonna pay for the stamp and for the expeditor. LLC wont protect you for professional negligence. So if you mess up now, your done for pretty much forever. I would get your stamp guy and anyone else involved to sign a contract that you draft you create stating that you and your partner and your design company to hold no liability and that all liability is to the RA. Thats why your gonna pay 10K for it im sure. good luck
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