Something I've been pondering lately. If a firm who's owner is licensed only in the state they operate in and hires a RA for a project in another state who's technically liable for the drawings? Is it still the firm and it's owner and/or the hired RA who stamps the drawings?
Yes, absolutely clear-cut. Any liability of the design architect would be a matter of contract between the design architect and architect of record - if either party signed a contract without this spelled out (or, worse, worked without a written contract), then shame on them.
Not always clear cut. I did a project and another architect stamped it. I am most certainly being looked at for who to sue to raise money to pay for the project. Hasn’t happened, probably won’t. The client would like to sue the contractor and would win but that doesn’t mean they would get money. None of it is cut and dry. My attorney agrees that I didn’t do anything wrong but it doesn’t mean I can’t get sued and lose. Talk to an attorney. This is what they do.
To be fair Wilma, when a client sue they typically sue everyone and see what sticks. Anyone can be sued for anything. Then again - if you told the AOR to do something in a certain way and that's what's causing the problem then yes, it's your fault.
Jun 2, 23 11:08 am ·
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Wilma Buttfit
The problem is the contractor. But as you say, they are looking to see what they can do and everyone gets looked at.
Whoever stamps the drawings has the liability. My position is to never stamp drawings unless you have your own firm with your own projects or are a equity partner in a firm where you get a cut of the profit in exchange for the liability and covered by the firms insurance. Any place that asks you to stamp drawings as an employee is a giant red flag and a sign to move on. Been there. I know there are exceptions and some people are fine with it but I am not.
Q about Liability
Something I've been pondering lately. If a firm who's owner is licensed only in the state they operate in and hires a RA for a project in another state who's technically liable for the drawings? Is it still the firm and it's owner and/or the hired RA who stamps the drawings?
Whoever stamps the drawings has the liability.
So it's pretty clear-cut?
Yes, absolutely clear-cut. Any liability of the design architect would be a matter of contract between the design architect and architect of record - if either party signed a contract without this spelled out (or, worse, worked without a written contract), then shame on them.
Not always clear cut. I did a project and another architect stamped it. I am most certainly being looked at for who to sue to raise money to pay for the project. Hasn’t happened, probably won’t. The client would like to sue the contractor and would win but that doesn’t mean they would get money. None of it is cut and dry. My attorney agrees that I didn’t do anything wrong but it doesn’t mean I can’t get sued and lose. Talk to an attorney. This is what they do.
To be fair Wilma, when a client sue they typically sue everyone and see what sticks. Anyone can be sued for anything. Then again - if you told the AOR to do something in a certain way and that's what's causing the problem then yes, it's your fault.
The problem is the contractor. But as you say, they are looking to see what they can do and everyone gets looked at.
Whoever stamps the drawings has the liability. My position is to never stamp drawings unless you have your own firm with your own projects or are a equity partner in a firm where you get a cut of the profit in exchange for the liability and covered by the firms insurance. Any place that asks you to stamp drawings as an employee is a giant red flag and a sign to move on. Been there. I know there are exceptions and some people are fine with it but I am not.
Can’t wait for the Balkins screed
Not going to. Just be satisfied with this.
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