I am in talks with a non-profit to do some pro-bono work for their organization, however I am neither license nor do I have any insurance. Where can I find some resources that discuss how this situation can be handled?
Some architects have mentioned that it is possible to structure a contract with the non-profit which may waive your liability on the project up to a certain phase for example DD's. Afterwards it will be the non-profit's responsibility to find an architect that is willing to take on someone's design and produce CD's.
How feasible do you guys think this is? I would be interested to hear about any other ways of getting around this.
My advice is to find yourself a licensed architect who has a similar desire to participate in pro bono work -- form a team and work together on this project. I think you're getting way out on a pretty risky limb to pursue this yourself. I'm guessing another architect's not going to be much interested in simply documenting what you've designed -- would be too risky for him and where's the fun in that?
Often initiesigns help nonprofits get funding and other support to turn a possible project into a real one. Even if the final design isn't exactly what you put down, you can have a real impact for the nonprofit and possibly earn you future paying work.
First, you cannopt contract away every bit of liability, but you can get the nonprofit to waive any claims for anything but gross negligence or intentional misconduct, and you should seek an indemnification from them for any third party claims. Of course, indemnification is irrelevant if they can't pay the bills, so you can require them to get insurance as you work on their behalf. Also, you can insist as most AIA documents do, that any dispute be arbitrated before going to court.
Many architects think they can't get professional liability insurance if they're not licensed. This is not true. There is almost certainly a local insurance provider near you who sponsors lots of AIA events, and you should talk with an agent there about your specific situation.
Not doing the construction documents should avoid much of the liability, but even if you ultimately win or get dismissed from a suit, you will incur real attorney's fees to achieve that result. An insurer will likely front those fees. Also, make 100% sure that the organization knows you are not licensed.
Finally, it is important to realize that part of what you are providing the nonprofit is professional services, not just free services. Liability laws are intended to put the risk of loss on the party most able to avoid that loss in the first place (and thus are most likely to have/get insurance). Coverage for a true accident caused in part by your gross negligence is part of your contribution, as it is with professionals in other professions who provide pro bono services.
Question Regarding Liability for Pro-Bono Work
I am in talks with a non-profit to do some pro-bono work for their organization, however I am neither license nor do I have any insurance. Where can I find some resources that discuss how this situation can be handled?
Some architects have mentioned that it is possible to structure a contract with the non-profit which may waive your liability on the project up to a certain phase for example DD's. Afterwards it will be the non-profit's responsibility to find an architect that is willing to take on someone's design and produce CD's.
How feasible do you guys think this is? I would be interested to hear about any other ways of getting around this.
From your friends at AIA:
Pro Bono Risk Management
My advice is to find yourself a licensed architect who has a similar desire to participate in pro bono work -- form a team and work together on this project. I think you're getting way out on a pretty risky limb to pursue this yourself. I'm guessing another architect's not going to be much interested in simply documenting what you've designed -- would be too risky for him and where's the fun in that?
Often initiesigns help nonprofits get funding and other support to turn a possible project into a real one. Even if the final design isn't exactly what you put down, you can have a real impact for the nonprofit and possibly earn you future paying work.
First, you cannopt contract away every bit of liability, but you can get the nonprofit to waive any claims for anything but gross negligence or intentional misconduct, and you should seek an indemnification from them for any third party claims. Of course, indemnification is irrelevant if they can't pay the bills, so you can require them to get insurance as you work on their behalf. Also, you can insist as most AIA documents do, that any dispute be arbitrated before going to court.
Many architects think they can't get professional liability insurance if they're not licensed. This is not true. There is almost certainly a local insurance provider near you who sponsors lots of AIA events, and you should talk with an agent there about your specific situation.
Not doing the construction documents should avoid much of the liability, but even if you ultimately win or get dismissed from a suit, you will incur real attorney's fees to achieve that result. An insurer will likely front those fees. Also, make 100% sure that the organization knows you are not licensed.
Finally, it is important to realize that part of what you are providing the nonprofit is professional services, not just free services. Liability laws are intended to put the risk of loss on the party most able to avoid that loss in the first place (and thus are most likely to have/get insurance). Coverage for a true accident caused in part by your gross negligence is part of your contribution, as it is with professionals in other professions who provide pro bono services.
That should be "initial designs" above.
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