I am starting a new thread that is about other threads. You can talk about other discussions taking a place in Archinect and make cross references to a particular link, picture, response and whatever else you deem necessary or entertaining or thought provoking about the other thread. thus the name: Thread Central
here are some examples of comments that comes to mind:
* hey did you read on --------- thread ------- thinks frank gehry is good. hahahaharhar..
or,
*i can't believe he said that. how stupid of him. asshole.on top of it he is got hundreds of posts. gimme a break.
or,
* this is the best thread.. fuck the others..
or,
*****Thread Alert******
read the -----thread yet??? there is a dog fight going on between ----- and-----.it is about gondolas and pollution in Venice..see you there.
or,
* yeaah, i don't read that thread either. its kind a boring.
or,
*i am thinking about starting a discussion about ------------- ---- ---- will you guys in Thread Central post in it and say wow it a great thread?. it was about time 'somebody' (insert my name please) picked up on it.. and discuss it?
like whatever..
Donna Sink
Aug 20, 16 10:23 pm
Olaf we watched Angry Birds last night. It was so bad it made me angry, then I felt I couldn't complain about it to my child, who loved it, so I just drank wine until I fell asleep in front of it.
wurdan freo
Aug 20, 16 11:34 pm
1959... before being interupted and cursed by Maleficent, the newborn Princess received two gifts.. beauty and song...
shellarchitect
Aug 21, 16 8:56 pm
I aways try to compliment/reward effort vs an innate talent, mostly because my wife has a stripper and a TV news babe in her family, would prefer my daughter's not used their looks as a crutch
citizen
Aug 21, 16 9:16 pm
So does she strip before or after reading the news? ;o]
Or is it during? ("Stocks fell sharply today [unbuttoning blazer seductively] while Congressional leaders debated incarceration policy.")
Wilma Buttfit
Aug 21, 16 9:40 pm
I tell my daughter she is cute and beautiful all the time. I can't help it.
b3tadine[sutures]
Aug 21, 16 10:46 pm
This place has nothing on Alt-Right, they are all looooooooney toons.
shellarchitect
Aug 22, 16 8:31 am
sorry, the stripper and the news chick are two different people!
not sure what the stripper one is up to these days
awaiting_deletion
Aug 22, 16 8:36 am
flockers!(angry bird reference) flock my life (angry bird ref). thanks for links Q. you can download a 3d model of the wall house on sketchup by the way......funny episode between my daughters - the young one told the old one she wasnt smart and the old one told the young one she wasnt cute,both balling (crying hystericall)I and ran up there and tried to contain myself from laughing and said both of you smart and cute and they said how do you know? i said i make the rules damnit and what i say is final. i then made believe an agency from NYC had determined they were both cute and smart and sent them letters from this make believe agency. the older one was on to me....
JeromeS
Aug 22, 16 2:22 pm
Stopped by state police on a rural road in S. Jersey last night. wife was driving- she is a very cautious driver. We were in no hurry, on our way home. We were not speeding, there was no aggressive driving. No one had been drinking. Officer issued a ticket issued for "following too closely" ?!?!
I recorded the traffic stop on my iPhone. Officer asked me for ID, for which I politely declined. He dropped his request at that point. If I had taken my other car, I'd have had my dashcam footage. Next time...
b3tadine[sutures]
Aug 22, 16 2:48 pm
Pine Barrens?
awaiting_deletion
Aug 22, 16 3:19 pm
saw a homeless man maybe on 7th ave and 40th today, very clean for homeless guy - his cardboard sign in big letters said "fuck the police" bald maybe 50 year old white guy
JeromeS
Aug 22, 16 3:25 pm
piney, yes. Woodbine...
I wouldn't be surprised if he wasn't fresh from the academy.
Its a 5-point ticket! Eff the police, indeed.
awaiting_deletion
Aug 22, 16 3:27 pm
so you are not a piney?
JeromeS
Aug 22, 16 3:28 pm
I am not a Piney. I think you have to be born there to be a piney.
b3tadine[sutures]
Aug 22, 16 3:31 pm
Fucking piney's. It's a toothless jungle down there, if you don't have random teeth poking out the side of yer face, or an eyeball staring off into your armpit, you're seen as a city slicker. That place is as bad as some cities.
Josh Mings
Aug 22, 16 4:46 pm
You all make it sound like BFE New Jersey is exactly like how they show it in Harold and Kumar going to White Castle.
Kumar is staring in a movie that is being shot in Columbus, IN. Excited to see my hometown on the big screen.
Also, Rick never answered my questions. SAD!
Aug 22, 16 5:40 pm
Josh,
No and No.
Josh Mings
Aug 22, 16 5:52 pm
Jeez, no effort whatsoever. You didn't even attempt to answer the third question, and the first two aren't yes or no questions.
Aug 22, 16 6:04 pm
I replied to these questions:
Did Rick just suggest I give up going for licensure?....... Are you off searching for One-Eyed Willy's treasure today?
Those two questions are answerable with yes and no.
Aug 22, 16 7:30 pm
How's this Balkins - let's test you.
I didn't see these questions. I had to look back in the thread to find it.
What do you do when a contractors work is subpar to what is called for in the contract documents?
1. There are many laws with variations on the specific procedures.
2. What is the contractual relationship? How a contractual relationship is arranged will effect what may or may not be done. There are board rules. Is the work that is subpar, not code compliant or not. Just because something is subpar doesn't mean it is not code compliant. Just because the aesthetic quality is subpar doesn't mean the work is not code compliant.
3. Depending on the contractual relationship between you and the contractor, you may not have the contractual authority to tell the contractor what to do because you lack PRIVITY OF CONTRACT with the contractor. Therefore, you may direct your concerns to the client who is the legal party that can tell the contractor what to do unless the terms of the contracts provides you that authority. There are no statutes in most states stipulating that you have control over the contractor. You may be required to visit construction sites, this doesn't mean you can go tell the contractor what to do. You can clarify the building plans and answer questions but this doesn't mean you control construction. Construction observation does not mean you are client's authorized representative. Therefore, you must comply with the contract terms.
4. You maybe required to file a complaint to the building official or even the contractor licensing board. Subpar work doesn't necessarily mean it reaches that level.
The contract documents also would include the contracts themselves so it depends on exactly what the terms of the contract.
P.S.: Not everybody uses the AIA contracts documents.
P.S.S.: What is the legal (statutory) definition of subpar?
How much separation do you need between assembly and residential areas?
If you mean fire rating then 1-hr rating (sprinklered) and 2-hr rated walls if not sprinklered based on Table in Section 508. But the safe bet is 2-hour rating.
As for distance requirements, Table 602. This usually means no rating with there is a physical separation of 30-ft. or more. When the fire separation distance is less than 30 ft., this can be from 0 hour rating in Type IIB & Type VB construction and 1 hour rating for other construction types. At distances of 10-ft, or less, there is a 1 hour rating regardless of construction type.
What's the difference between an Accessible, Type A, and Type B unit?
Hey TC! It has been awhile... In last month bought a house and traveled back to the SE coast for a friend's wedding. See and big deadlines for my current project. Not pulling architect hours but still...
Hope everyone is well. To mantaray's question from 1180 something, yes I moved to Denver last Sept.
Also, tduds bear and a bobcat, that sounds like an awesome day!
Donna, do they know that palm tree is upside down (sarcasm) ?
DeTwan
Aug 23, 16 4:35 am
Balkins, you seriously need some help... I foresee warrner bros. calling you soon for a cast call of the joker....you'd put leto and nickelson to shame without the makeup...
b3tadine[sutures]
Aug 23, 16 6:07 am
Balkinator;
1. Duh.
2. Two sentences with double negatives?
3. Architect/Contractor contract? When do these exist? The contract is typically between Owner/Contractor. Typically, the Architect is the owner's Rep, and does get to tell the contractor what to do, especially in code issues where the architect had sole authority. If however time and money is involved, then the owner is the final arbiter. Show me law, that most states have spelled out what you describe. Architects are not in the job of means and methods.
4. Complete poppycock, code officials don't give two rat fucks about subpar. They do care about dipshits practicing architecture without a clue.
curtkram
Aug 23, 16 8:10 am
Don't encourage him
b3tadine[sutures]
Aug 23, 16 8:15 am
I was bored while I was showering.
Non Sequitur
Aug 23, 16 8:40 am
^The shower is our safe spot away from Balkanisations' nonsense.
Everyday Intern
Aug 23, 16 10:29 am
Well, we can at least be sure Balkins never absorbed any pro practice information while he was trolling the ARE forums. We might also question his involvement in building code forums as well. If not there to learn, what does he do all day?
JeromeS
Aug 23, 16 10:54 am
Same thing he does here: spout incontrovertible truths
wurdan freo
Aug 23, 16 11:14 am
Hey Nam! Great pics!
My eyesight is failing me... what's the pile of rubble included in your house pics?
Josh Mings
Aug 23, 16 11:33 am
As previously mentioned Balkins, you failed every question. You were also so far off on number 2 that it's scary and you should never be allowed to even be a building designer.
In other news, hit a pothole today and now there is noise. Thanks Chicago!
This is also now more in repairs this year than the car is worth. I'm probably replacing it soon.
Nam Henderson
Aug 23, 16 11:47 am
@wurdan
The old UC Denver College of medicine campus at Colorado and 9th.
Wilma Buttfit
Aug 23, 16 2:22 pm
Missed a flight this morning so got a free layover and am in the 8th state I've visited this month alone. Phoenix airport. Hope I see my bags again someday.
Aug 23, 16 3:08 pm
Balkinator;
1. Duh.
...
2. Two sentences with double negatives?
The point was what you can do depends on the contractual relationship. Also the second part of that regards 'subpar'. For example, what is 'subpar'? Subpar may be below our personal standards for aesthetics but at the same time still be code compliant.
3. Architect/Contractor contract? When do these exist? The contract is typically between Owner/Contractor. Typically, the Architect is the owner's Rep, and does get to tell the contractor what to do, especially in code issues where the architect had sole authority. If however time and money is involved, then the owner is the final arbiter. Show me law, that most states have spelled out what you describe. Architects are not in the job of means and methods.
If there is no contractual relationship between you and the contractor then you have no legal authority to tell the contractor what to do unless the contract between the owner/client and the contractor which is often a three way contractual relationship structure. As for being the Owner's rep, you are only that if that is spelled out in the contract. It has to be documented or recorded in some way otherwise it is hearsay. That is one thing you DON'T want to ever do without it spelled out in writing and signed.
Most states have Contract laws and then you have a lot of case studies in civil courts that spells it out for you. Pretty much, every state has statutory laws governing contract laws as well as case law.
There are certain laws and rules within statutory laws that determines if specific terms in a contract is enforceable or not enforceable. Contract law is inherently nebulous because each contract maybe different. There are certain statutes and case rulings that defines what is and is not enforceable but each contract has to be evaluated on a case by case basis. We all know that terms of contracts varies.
As I said, one has to evaluate the specific contract terms and contractual relationship. The state licensing laws & rules may specify duties of a registered/licensed architect.
I am in TOTAL agreement with you in that "Architects are not in the job of means and methods". Some architects do think they have the job and duty to tell the contractor what to do and how to do it. They have to become / be the construction contractor to have that much control over construction.
4. Complete poppycock, code officials don't give two rat fucks about subpar. They do care about dipshits practicing architecture without a clue.
True. They do care about subpar issues if subpar reaches levels of not being code compliant. This goes back to what I said earlier. Subpar can be anything from aesthetic issues to serious life risking issues. Right? Just because something is subpar to an architect may or may not be an HSW issue.
Josh Mings
Aug 23, 16 3:39 pm
Oh Rick, your incompetence is simply divine. Bless your heart.
JeromeS
Aug 23, 16 3:47 pm
Rick- I have to go to traffic court next month. Can you represent me?
awaiting_deletion
Aug 23, 16 3:52 pm
tinnt hows your autocad at layovers?
Everyday Intern
Aug 23, 16 3:53 pm
Q: What's two plus two?
A1: The answer is defined by the laws of mathematics.
A2: Two of what being added to two of what? If I have two apples being added to two oranges this is different than if I have two kangaroos being added to two building designers. That is different than if I have two kangaroos being added to one building designer and one architect.
A3: Are we discussing Euclidean or non-Euclidean geometry?
A4: I don't have a certificate from the American Mathematical Association to be able to answer that question. I'll need to drum up some building design work in Sweden to raise the required funds to go back to school and get said certificate. I should report you to your state's mathematics review board for even asking the question.
awaiting_deletion
Aug 23, 16 3:58 pm
nice EI++ the definition of stupid, can't answer a simple question.
Josh Mings
Aug 23, 16 4:28 pm
Update to the car - was going to be $700 to fix - messed up both rear struts. As that would put me well over what the car is worth in repairs this year, I'm probably going to knock that off a selling price and get rid of it.
Wilma Buttfit
Aug 23, 16 4:32 pm
AutoCad didn't happen at the airport, Olaf, sorry. But can hit it soon.
Aug 23, 16 5:16 pm
As previously mentioned Balkins, you failed every question. You were also so far off on number 2 that it's scary and you should never be allowed to even be a building designer.
"2. What is the contractual relationship? How a contractual relationship is arranged will effect what may or may not be done. There are board rules. Is the work that is subpar, not code compliant or not. Just because something is subpar doesn't mean it is not code compliant. Just because the aesthetic quality is subpar doesn't mean the work is not code compliant. "
Perhaps, I didn't write it clearly. There are board rules with regards to your responsibilities as an architect. The first question was, what is the contractual relationship and that how the contract is arranged and and does effect what you may or may not do. If you don't have a contractual relationship with the contractor (privity of contract) or otherwise is party to contract in the contract between the owner and the contractor as a third party in the contract...... if you don't have that three way contractual relationship, you are therefore not a party to contract and do not have any legal authority over the contractor nor may you gives directions to the contractors. You must follow what is a contractual "chain of command". Contractual relationships creates a chain of command structure. You must direct your feedback to the client and his/her authorized representatives. In moderate to large projects, that would be the CLIENT'S PROJECT MANAGER (or PM team) who would then give the directions to the contractor under his/her contractual authority.
The contractual "chain of command" structure defines what you may do and what you may not do.
There are multiple ways to be a party to the contract with authorization by the client but this has to be defined by the contract.
HENCE, THIS REFLECTS BACK TO THIS QUESTION:
WHAT IS THE CONTRACTUAL RELATIONSHIP?
What this question is needing defined is how the contractual relationship structure is laid out. How is the contractual 'chain of command' set up. Sometimes, it maybe called the chain of authority. This has to be contractually defined. What you do depends on how this is defined. The other points are also to point out, there may or may not be specific statutes or rules in law that may trump the contract terms for a number of reasons.
Those laws and rules defines your responsibilities so you must structure your contract so that you can perform those responsibilities. However, if you are not careful, you can box yourself in a situation where you can't perform your duties without violating terms of the contract in which case, you have two legal responsibilities that are in conflict. Not everyone uses the AIA's contract document forms.
Aug 23, 16 5:20 pm
JeromeS,
Rick- I have to go to traffic court next month. Can you represent me?
Maybe in Sweden but seriously.... no. I wouldn't represent you on this. Consult an attorney. I don't know the case details. The attorneys of the other side would be bringing up a shit storm against me representing you.
awaiting_deletion
Aug 23, 16 5:47 pm
tinnt i be kidding ;) airports suck
Josh Mings
Aug 23, 16 6:16 pm
Balkins, stop Googling things. You can't even get that right.
Alright, back to replying to Balkins with memes or flat out ignoring him. I only hope his misinformation doesn't kill someone.
b3tadine[sutures]
Aug 23, 16 6:21 pm
SDS
Wilma Buttfit
Aug 23, 16 8:27 pm
Olaf, I was kidding too. It's a no cad day.
awaiting_deletion
Aug 23, 16 8:51 pm
I want a time out damnit! god damn internet, never can tell when someone is phibbing!
JBeaumont
Aug 23, 16 9:16 pm
The attorneys of the other side would be bringing up a shit storm against me representing you.
Ricky I take it you've never been to traffic court. Do you even have a driver's license?
Donna Sink
Aug 23, 16 9:29 pm
tintt you've probably left already but the Phoenix airport carpet is my favorite. It's not as famous as the Portland Airport carpet, but I like it better.
I miss MIles. His phrase that once the lawyers get involved the only ones who win are the lawyers is ringing in my brain these days. Fucking lawyers, fucking irrational clients being enabled by their fucking lawyers.
Aug 23, 16 9:37 pm
JBeaumont,
RELAX..... I WON'T BE REPRESENTING ANYONE ELSE IN SOMETHING LIKE THIS. GOT IT.
In which case, I may deal with as I go along with going back into the architecture studies which I may do in upcoming years which means getting back on the licensure track in some fashion.
In which case, I'll need to start conducting myself in a manner more acceptable and more employable than I am currently doing on the forum.
I am starting a new thread that is about other threads. You can talk about other discussions taking a place in Archinect and make cross references to a particular link, picture, response and whatever else you deem necessary or entertaining or thought provoking about the other thread. thus the name: Thread Central
here are some examples of comments that comes to mind:
* hey did you read on --------- thread ------- thinks frank gehry is good. hahahaharhar..
or,
*i can't believe he said that. how stupid of him. asshole.on top of it he is got hundreds of posts. gimme a break.
or,
* this is the best thread.. fuck the others..
or,
*****Thread Alert******
read the -----thread yet??? there is a dog fight going on between ----- and-----.it is about gondolas and pollution in Venice..see you there.
or,
* yeaah, i don't read that thread either. its kind a boring.
or,
*i am thinking about starting a discussion about ------------- ---- ---- will you guys in Thread Central post in it and say wow it a great thread?. it was about time 'somebody' (insert my name please) picked up on it.. and discuss it?
like whatever..
Olaf we watched Angry Birds last night. It was so bad it made me angry, then I felt I couldn't complain about it to my child, who loved it, so I just drank wine until I fell asleep in front of it.
1959... before being interupted and cursed by Maleficent, the newborn Princess received two gifts.. beauty and song...
I aways try to compliment/reward effort vs an innate talent, mostly because my wife has a stripper and a TV news babe in her family, would prefer my daughter's not used their looks as a crutch
So does she strip before or after reading the news? ;o]
Or is it during? ("Stocks fell sharply today [unbuttoning blazer seductively] while Congressional leaders debated incarceration policy.")
I tell my daughter she is cute and beautiful all the time. I can't help it.
This place has nothing on Alt-Right, they are all looooooooney toons.
sorry, the stripper and the news chick are two different people!
not sure what the stripper one is up to these days
flockers!(angry bird reference) flock my life (angry bird ref). thanks for links Q. you can download a 3d model of the wall house on sketchup by the way......funny episode between my daughters - the young one told the old one she wasnt smart and the old one told the young one she wasnt cute,both balling (crying hystericall)I and ran up there and tried to contain myself from laughing and said both of you smart and cute and they said how do you know? i said i make the rules damnit and what i say is final. i then made believe an agency from NYC had determined they were both cute and smart and sent them letters from this make believe agency. the older one was on to me....
Stopped by state police on a rural road in S. Jersey last night. wife was driving- she is a very cautious driver. We were in no hurry, on our way home. We were not speeding, there was no aggressive driving. No one had been drinking. Officer issued a ticket issued for "following too closely" ?!?!
I recorded the traffic stop on my iPhone. Officer asked me for ID, for which I politely declined. He dropped his request at that point. If I had taken my other car, I'd have had my dashcam footage. Next time...
Pine Barrens?
saw a homeless man maybe on 7th ave and 40th today, very clean for homeless guy - his cardboard sign in big letters said "fuck the police" bald maybe 50 year old white guy
piney, yes. Woodbine...
I wouldn't be surprised if he wasn't fresh from the academy.
Its a 5-point ticket! Eff the police, indeed.
so you are not a piney?
I am not a Piney. I think you have to be born there to be a piney.
Fucking piney's. It's a toothless jungle down there, if you don't have random teeth poking out the side of yer face, or an eyeball staring off into your armpit, you're seen as a city slicker. That place is as bad as some cities.
You all make it sound like BFE New Jersey is exactly like how they show it in Harold and Kumar going to White Castle.
Kumar is staring in a movie that is being shot in Columbus, IN. Excited to see my hometown on the big screen.
Also, Rick never answered my questions. SAD!
Josh,
No and No.
Jeez, no effort whatsoever. You didn't even attempt to answer the third question, and the first two aren't yes or no questions.
I replied to these questions:
Did Rick just suggest I give up going for licensure?....... Are you off searching for One-Eyed Willy's treasure today?
Those two questions are answerable with yes and no.
How's this Balkins - let's test you.
I didn't see these questions. I had to look back in the thread to find it.
What do you do when a contractors work is subpar to what is called for in the contract documents?
1. There are many laws with variations on the specific procedures.
2. What is the contractual relationship? How a contractual relationship is arranged will effect what may or may not be done. There are board rules. Is the work that is subpar, not code compliant or not. Just because something is subpar doesn't mean it is not code compliant. Just because the aesthetic quality is subpar doesn't mean the work is not code compliant.
3. Depending on the contractual relationship between you and the contractor, you may not have the contractual authority to tell the contractor what to do because you lack PRIVITY OF CONTRACT with the contractor. Therefore, you may direct your concerns to the client who is the legal party that can tell the contractor what to do unless the terms of the contracts provides you that authority. There are no statutes in most states stipulating that you have control over the contractor. You may be required to visit construction sites, this doesn't mean you can go tell the contractor what to do. You can clarify the building plans and answer questions but this doesn't mean you control construction. Construction observation does not mean you are client's authorized representative. Therefore, you must comply with the contract terms.
4. You maybe required to file a complaint to the building official or even the contractor licensing board. Subpar work doesn't necessarily mean it reaches that level.
The contract documents also would include the contracts themselves so it depends on exactly what the terms of the contract.
P.S.: Not everybody uses the AIA contracts documents.
P.S.S.: What is the legal (statutory) definition of subpar?
How much separation do you need between assembly and residential areas?
If you mean fire rating then 1-hr rating (sprinklered) and 2-hr rated walls if not sprinklered based on Table in Section 508. But the safe bet is 2-hour rating.
As for distance requirements, Table 602. This usually means no rating with there is a physical separation of 30-ft. or more. When the fire separation distance is less than 30 ft., this can be from 0 hour rating in Type IIB & Type VB construction and 1 hour rating for other construction types. At distances of 10-ft, or less, there is a 1 hour rating regardless of construction type.
What's the difference between an Accessible, Type A, and Type B unit?
https://www.oregon.gov/bcd/codes-stand/Documents/whitepaper-2012-dwellunitcomparison.pdf
Hey TC! It has been awhile... In last month bought a house and traveled back to the SE coast for a friend's wedding. See and big deadlines for my current project. Not pulling architect hours but still...
Hope everyone is well. To mantaray's question from 1180 something, yes I moved to Denver last Sept.
Also, tduds bear and a bobcat, that sounds like an awesome day!
Donna, do they know that palm tree is upside down (sarcasm) ?
Balkins, you seriously need some help... I foresee warrner bros. calling you soon for a cast call of the joker....you'd put leto and nickelson to shame without the makeup...
Balkinator;
1. Duh.
2. Two sentences with double negatives?
3. Architect/Contractor contract? When do these exist? The contract is typically between Owner/Contractor. Typically, the Architect is the owner's Rep, and does get to tell the contractor what to do, especially in code issues where the architect had sole authority. If however time and money is involved, then the owner is the final arbiter. Show me law, that most states have spelled out what you describe. Architects are not in the job of means and methods.
4. Complete poppycock, code officials don't give two rat fucks about subpar. They do care about dipshits practicing architecture without a clue.
Don't encourage him
I was bored while I was showering.
^The shower is our safe spot away from Balkanisations' nonsense.
Well, we can at least be sure Balkins never absorbed any pro practice information while he was trolling the ARE forums. We might also question his involvement in building code forums as well. If not there to learn, what does he do all day?
Same thing he does here: spout incontrovertible truths
Hey Nam! Great pics!
My eyesight is failing me... what's the pile of rubble included in your house pics?
As previously mentioned Balkins, you failed every question. You were also so far off on number 2 that it's scary and you should never be allowed to even be a building designer.
In other news, hit a pothole today and now there is noise. Thanks Chicago!
This is also now more in repairs this year than the car is worth. I'm probably replacing it soon.
@wurdan
The old UC Denver College of medicine campus at Colorado and 9th.
Missed a flight this morning so got a free layover and am in the 8th state I've visited this month alone. Phoenix airport. Hope I see my bags again someday.
Balkinator;
1. Duh.
...
2. Two sentences with double negatives?
The point was what you can do depends on the contractual relationship. Also the second part of that regards 'subpar'. For example, what is 'subpar'? Subpar may be below our personal standards for aesthetics but at the same time still be code compliant.
3. Architect/Contractor contract? When do these exist? The contract is typically between Owner/Contractor. Typically, the Architect is the owner's Rep, and does get to tell the contractor what to do, especially in code issues where the architect had sole authority. If however time and money is involved, then the owner is the final arbiter. Show me law, that most states have spelled out what you describe. Architects are not in the job of means and methods.
If there is no contractual relationship between you and the contractor then you have no legal authority to tell the contractor what to do unless the contract between the owner/client and the contractor which is often a three way contractual relationship structure. As for being the Owner's rep, you are only that if that is spelled out in the contract. It has to be documented or recorded in some way otherwise it is hearsay. That is one thing you DON'T want to ever do without it spelled out in writing and signed.
Most states have Contract laws and then you have a lot of case studies in civil courts that spells it out for you. Pretty much, every state has statutory laws governing contract laws as well as case law.
There are certain laws and rules within statutory laws that determines if specific terms in a contract is enforceable or not enforceable. Contract law is inherently nebulous because each contract maybe different. There are certain statutes and case rulings that defines what is and is not enforceable but each contract has to be evaluated on a case by case basis. We all know that terms of contracts varies.
As I said, one has to evaluate the specific contract terms and contractual relationship. The state licensing laws & rules may specify duties of a registered/licensed architect.
I am in TOTAL agreement with you in that "Architects are not in the job of means and methods". Some architects do think they have the job and duty to tell the contractor what to do and how to do it. They have to become / be the construction contractor to have that much control over construction.
4. Complete poppycock, code officials don't give two rat fucks about subpar. They do care about dipshits practicing architecture without a clue.
True. They do care about subpar issues if subpar reaches levels of not being code compliant. This goes back to what I said earlier. Subpar can be anything from aesthetic issues to serious life risking issues. Right? Just because something is subpar to an architect may or may not be an HSW issue.
Oh Rick, your incompetence is simply divine. Bless your heart.
Rick- I have to go to traffic court next month. Can you represent me?
tinnt hows your autocad at layovers?
Q: What's two plus two?
A1: The answer is defined by the laws of mathematics.
A2: Two of what being added to two of what? If I have two apples being added to two oranges this is different than if I have two kangaroos being added to two building designers. That is different than if I have two kangaroos being added to one building designer and one architect.
A3: Are we discussing Euclidean or non-Euclidean geometry?
A4: I don't have a certificate from the American Mathematical Association to be able to answer that question. I'll need to drum up some building design work in Sweden to raise the required funds to go back to school and get said certificate. I should report you to your state's mathematics review board for even asking the question.
nice EI++ the definition of stupid, can't answer a simple question.
Update to the car - was going to be $700 to fix - messed up both rear struts. As that would put me well over what the car is worth in repairs this year, I'm probably going to knock that off a selling price and get rid of it.
AutoCad didn't happen at the airport, Olaf, sorry. But can hit it soon.
As previously mentioned Balkins, you failed every question. You were also so far off on number 2 that it's scary and you should never be allowed to even be a building designer.
"2. What is the contractual relationship? How a contractual relationship is arranged will effect what may or may not be done. There are board rules. Is the work that is subpar, not code compliant or not. Just because something is subpar doesn't mean it is not code compliant. Just because the aesthetic quality is subpar doesn't mean the work is not code compliant. "
Perhaps, I didn't write it clearly. There are board rules with regards to your responsibilities as an architect. The first question was, what is the contractual relationship and that how the contract is arranged and and does effect what you may or may not do. If you don't have a contractual relationship with the contractor (privity of contract) or otherwise is party to contract in the contract between the owner and the contractor as a third party in the contract...... if you don't have that three way contractual relationship, you are therefore not a party to contract and do not have any legal authority over the contractor nor may you gives directions to the contractors. You must follow what is a contractual "chain of command". Contractual relationships creates a chain of command structure. You must direct your feedback to the client and his/her authorized representatives. In moderate to large projects, that would be the CLIENT'S PROJECT MANAGER (or PM team) who would then give the directions to the contractor under his/her contractual authority.
The contractual "chain of command" structure defines what you may do and what you may not do.
There are multiple ways to be a party to the contract with authorization by the client but this has to be defined by the contract.
HENCE, THIS REFLECTS BACK TO THIS QUESTION:
WHAT IS THE CONTRACTUAL RELATIONSHIP?
What this question is needing defined is how the contractual relationship structure is laid out. How is the contractual 'chain of command' set up. Sometimes, it maybe called the chain of authority. This has to be contractually defined. What you do depends on how this is defined. The other points are also to point out, there may or may not be specific statutes or rules in law that may trump the contract terms for a number of reasons.
Those laws and rules defines your responsibilities so you must structure your contract so that you can perform those responsibilities. However, if you are not careful, you can box yourself in a situation where you can't perform your duties without violating terms of the contract in which case, you have two legal responsibilities that are in conflict. Not everyone uses the AIA's contract document forms.
JeromeS,
Rick- I have to go to traffic court next month. Can you represent me?
Maybe in Sweden but seriously.... no. I wouldn't represent you on this. Consult an attorney. I don't know the case details. The attorneys of the other side would be bringing up a shit storm against me representing you.
tinnt i be kidding ;) airports suck
Balkins, stop Googling things. You can't even get that right.
Alright, back to replying to Balkins with memes or flat out ignoring him. I only hope his misinformation doesn't kill someone.
SDS
Olaf, I was kidding too. It's a no cad day.
I want a time out damnit! god damn internet, never can tell when someone is phibbing!
The attorneys of the other side would be bringing up a shit storm against me representing you.
Ricky I take it you've never been to traffic court. Do you even have a driver's license?
tintt you've probably left already but the Phoenix airport carpet is my favorite. It's not as famous as the Portland Airport carpet, but I like it better.
I miss MIles. His phrase that once the lawyers get involved the only ones who win are the lawyers is ringing in my brain these days. Fucking lawyers, fucking irrational clients being enabled by their fucking lawyers.
JBeaumont,
RELAX..... I WON'T BE REPRESENTING ANYONE ELSE IN SOMETHING LIKE THIS. GOT IT.
That, aside. I'm currently reading the following:
http://www.ncarb.org/News-and-Events/News/2016/June-Education-Certificate.aspx
In which case, I may deal with as I go along with going back into the architecture studies which I may do in upcoming years which means getting back on the licensure track in some fashion.
In which case, I'll need to start conducting myself in a manner more acceptable and more employable than I am currently doing on the forum.