I've tried reading up on how the whole professional liability insurance thing works, and it's a bit confusing as to what the risks are for me doing work on the side...
For context, I have my own license, but am currently employed at a firm, and I've been approached to do work by some close friends. I'm happy to do it, but I've heard that doing side work, while employed by someone else, can actually come back to my firm, liability-wise. Is that true? If I purchase my own liability insurance, and I'm using my own license, am I good to go? Or should I just do consultation work, and advise that they find another architect to do their permit work?
Chad Miller
Feb 17, 23 10:48 am
It can come back to your firm. It all depends on your state / countries laws regarding this type of thing.
Typically in the US if you use ANY work resources to do you side work then the firm is liable. These resources include computers, programs, reference material, printers, pens, phones, ect.
ivanmillya
Feb 17, 23 11:58 am
Thank you, that sucks.
Chad Miller
Feb 17, 23 12:03 pm
It's one of the many reasons why I've never done moonlighting UNLESS the firm is ok with it. Even then I've only done three projects outside of work in nearly 20 years experience. It's just not worth my time.
pandahut
Feb 17, 23 12:17 pm
Though under sole proprietor and insurance, given the firms stance on moonlighting is "outside of provided business model" or you just chat with them about wanting to do a side project AND use your own resources as Chad mentioned, you would be ok. I feel like most firms are generally OK with it given you do not use their resources and do it outside of your own office working hours.
Chad Miller
Feb 17, 23 12:54 pm
I've never known a firm to be ok with moonlighting. It's nearly impossible not to use any resources from a firm you work for when moonlighting. It's also very easy for a lawyer to show you did use firm resources. Combine that with a firm giving you permission to do so opens the firm up to a lot of liability except for things like doing renderings or model building.
proto
Feb 17, 23 3:40 pm
unless it's in your office handbook or contract, i'm not sure your day job has much to say about it unless you do use their resources or your work hours
separate work resources (software, hardware, space, comms, etc), professional license, a direct contract with the project owner & E/O seems pretty straightforward to me
is that level of independence easy enough while also employed FT somewhere else? can you afford the overhead for just one project?
how often will you need business hours to accomplish a responsibility for the moonlight work? [this may be the hardest item]
ivanmillya
Feb 17, 23 3:50 pm
The hardest part of this is that it's for a grassroots organization, which means the work will be essentially pro-bono. I could ask if they'd cover my E&O insurance, and perhaps cover the overhead production costs (i.e. CAD, printing, etc.), but I don't expect to make any profit. At the moment, we're discussing project feasibility and potential locations, so at the moment I'm trying to do some fact-finding so I don't have any surprises if they want to proceed into more comprehensive architectural work down the line.
proto
Feb 17, 23 9:50 pm
Any chance your employer wants the goodwill of a pro bono job?
bennyc
Feb 17, 23 5:40 pm
I did many projects under my own license, while employed, and know many architects that work in a corporate firm, but do private work under their license. As long as you clearly have a contract, are acting as a separate entity from your current employer, and as long as you are clearly not using your employers resources.
urbanity
Feb 18, 23 12:07 pm
clear separation between business entities and no commingling of resources is key. it helps if the types of projects that you may be doing are outside of your employers area(s) of expertise.
I've tried reading up on how the whole professional liability insurance thing works, and it's a bit confusing as to what the risks are for me doing work on the side...
For context, I have my own license, but am currently employed at a firm, and I've been approached to do work by some close friends. I'm happy to do it, but I've heard that doing side work, while employed by someone else, can actually come back to my firm, liability-wise. Is that true? If I purchase my own liability insurance, and I'm using my own license, am I good to go? Or should I just do consultation work, and advise that they find another architect to do their permit work?
It can come back to your firm. It all depends on your state / countries laws regarding this type of thing.
Typically in the US if you use ANY work resources to do you side work then the firm is liable. These resources include computers, programs, reference material, printers, pens, phones, ect.
Thank you, that sucks.
It's one of the many reasons why I've never done moonlighting UNLESS the firm is ok with it. Even then I've only done three projects outside of work in nearly 20 years experience. It's just not worth my time.
Though under sole proprietor and insurance, given the firms stance on moonlighting is "outside of provided business model" or you just chat with them about wanting to do a side project AND use your own resources as Chad mentioned, you would be ok. I feel like most firms are generally OK with it given you do not use their resources and do it outside of your own office working hours.
I've never known a firm to be ok with moonlighting. It's nearly impossible not to use any resources from a firm you work for when moonlighting. It's also very easy for a lawyer to show you did use firm resources. Combine that with a firm giving you permission to do so opens the firm up to a lot of liability except for things like doing renderings or model building.
unless it's in your office handbook or contract, i'm not sure your day job has much to say about it unless you do use their resources or your work hours
separate work resources (software, hardware, space, comms, etc), professional license, a direct contract with the project owner & E/O seems pretty straightforward to me
is that level of independence easy enough while also employed FT somewhere else? can you afford the overhead for just one project?
how often will you need business hours to accomplish a responsibility for the moonlight work? [this may be the hardest item]
The hardest part of this is that it's for a grassroots organization, which means the work will be essentially pro-bono. I could ask if they'd cover my E&O insurance, and perhaps cover the overhead production costs (i.e. CAD, printing, etc.), but I don't expect to make any profit. At the moment, we're discussing project feasibility and potential locations, so at the moment I'm trying to do some fact-finding so I don't have any surprises if they want to proceed into more comprehensive architectural work down the line.
Any chance your employer wants the goodwill of a pro bono job?
I did many projects under my own license, while employed, and know many architects that work in a corporate firm, but do private work under their license. As long as you clearly have a contract, are acting as a separate entity from your current employer, and as long as you are clearly not using your employers resources.
clear separation between business entities and no commingling of resources is key. it helps if the types of projects that you may be doing are outside of your employers area(s) of expertise.