How do I cover my butt with design?

[Aaron2004]

Hello all,

 

I work as a designer for a builder, however I have the opportunity to do some freelancing. Are there any examples of contracts or wordings that you have used before to help cover your butt while designing residential houses?

 

I'm coming up with "Local Codes and Ordinances to take Precedence over Shown Plans" to go on the actual prints. I wouldn't mind some other nice verbage to take the blame off of me, though.

 

Not that I'm not confident in my work...but, you know. I really don't want to screw myself over, and I want to build some good habits with nice paper trails.

 

Thanks!

 

Aaron

[Chad Warner]

I think we have a set of "mail order" plans in the office I could look at tomorrow and get the verbage off of.

[AJLynn]

Also, I think Jonathan Adler has a new product line for covering your butt with design.

[mbowers]

This verbiage should be on the front page of your construction documentS, tailor to suit of course....

 

EVERY EFFORT HAS BEEN MADE TO CONFIRM AND VERIFY BUILDING CONDITIONS WHICH WILL AFFECT THE QUALITY, NATURE, A ND PERFORMANCE OF THE WORK. THE EXISTING INFORMATION ON THE DRAWINGS IS AS EXACT AS COULD BE SECURED INSOFAR AS EXISTING CONDITIONS ARE CONCERNED. EXTREME ACCURACY IS NOT GUARANTEED. THE DRAWINGS, SCHEDULES, AND SPECIFICATIONS ARE INTENDED FOR THE ASSISTANCE OF THE CONTRACTOR IN ACHIEVING THE END RESULT. EXACT LOCATIONS, LEVELS, MEASUREMENTS, DISTANCES, ETC. WILL BE GOVERNED BY CONDITIONS AT THE JOB SITE. CONTRACTORS SHALL FIELD VERIFY ALL EXISTING CONDITIONS WHICH AFFECT WORK TO BE PERFORMED AS PART OF THE PROJECT. UNUSUAL CONDITIONS OR DISCREPANCIES ENCOUNTERED DURING DEMOLITION SHALL BE REPORTED IMMEDIATELY TO THE ARCHITECT. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BRING TO THE ATTENTION OF THE ARCHITECT ANY CONDITIONS WHICH WILL NOT PERMIT CONSTRUCTION ACCORDING TO THE INTENTIONS OF THESE DOCUMENTS. IT IS THE RESPONSIBILITY OF THE ARCHITECT TO PROVIDE DETAILS AND/OR DIRECTIONS REGARDING DESIGN INTENT WHERE IT IS ALTERED BY EXISTING CONDITIONS.

 

CONTRACTOR SHALL ENSURE SAFE PASSAGE OF PERSONS AROUND AREAS OF DEMOLITION, CONDUCT OPERATIONS TO PREVENT DAMAGE TO EXISTING MATERIALS WHICH ARE TO REMAIN, AND CONDUCT DEMOLITION OPERATIONS AND REMOVAL OF DEBRIS TO ENSURE MINIMUM INTERFERENCE WITH ROADS, STREETS, WALKS, AND OTHER ADJACENT FACILITIES.

 

MAINTAIN EXISTING UTILITIES IN SERVICE AND PROTECT AGAINST DAMAGE ALL APPROPRIATE UTILITIES AS REQUIRED FOR THE PROPER PERFORMANCE OF THE WORK.

 

PROMPTLY REPAIR DAMAGES CAUSED BY DEMOLITION TO ADJACENT FACILITIES AT NO COST TO THE OWNER.

 

ALL CONSTRUCTION SHALL COMPLY WITH ALL NATIONAL, STATE, AND LOCAL LAWS, CODES, AND ORDINANCES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO SECURE ALL BUILDING CONSTRUCTION PERMITS, PAY ALL APPLICABLE FEES, AND TO NOTIFY LOCAL CODE DEPT. PERSONNEL OF ALL INSPECTIONS REQUIRED DURING THE COURSE OF CONSTRUCTION.

 

DISCLAIMER:

 

YOUR NAME HERE IS HEREBY RELEASED FROM ANY AND ALL LEGAL CLAIMS BY THE PURCHASE OF THESE PLANS. THIS SERVES AS AN OFFICIAL NOTICE TO THE PURCHASER AND/OR BUILDER THAT THEY RELINQUISH ANY RIGHT OF LEGAL ACTION, RESPONSIBILITY, OR LIABILITY AGAINST YOUR NAME HERE, IT'S OWNERS, OFFICERS, AND/OR EMPLOYEES, THAT MAY ARISE BEFORE, DURING AND/OR AFTER ANY CONSTRUCTION FROM THESE PLANS. THESE PLANS WERE DESIGNED AND DRAFTED TO MEET THE SPECIFICATIONS OF CODES AND AVERAGE CONDITIONS IN SAID STATE. BECAUSE CONDITIONS AND CODES VARY FROM REGION TO REGION, YOUR NAME HERE CAN NOT GUARANTEE THE SUITABILITY OF THESE PLANS TO ALL AREAS. THESE PLANS MUST BE BUILT IN COMPLIANCE WITH ALL YOUR LOCAL, COUNTY, STATE, AND FEDERAL CODES. FOR DETERMINING THE APPLICATION OF THESE PLANS FOR YOUR REGION, SEEK THE CONSULTATION OF YOUR LOCAL BUILDING PROFESSIONAL. IT IS THE RESPONSIBILITY OF THE PURCHASER AND/OR BUILDER TO MEET THESE CODES DURING ANY CONSTRUCTION FROM THESE PLANS. THEREFORE, YOUR NAME HERE SHALL NOT BE HELD LIABLE AND/OR RESPONSIBLE FOR THE ASSISTANCE, CONSULTATION, AND/OR WORK EXECUTED FOR THE PURPOSE OF CONSTRUCTION FROM THESE PLANS BY A BUILDER, CONTRACTOR, AND/OR OTHER PROFESSIONAL.

 

 

 

----HOPE THIS HELPS, COMB IT THROUGH TO MAKE SURE IT FITS WHAT YOU NEED.

[bricklyne]

^ ^ ^

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This verbiage should be on the front page of your construction documentS, tailor to suit of course..........

 

 

.......yeah, personally I tend to stick to pants, but unless you butt is very very large, that (as shown above) should be enough to cover it. I would use Font size 36, extra Bold (definitely CAPS as shown) and with double line spacing though,...... just to be sure to cover all the cracks.

[bricklyne]

........or did I miss something?

 

(jk)

[Ernest Burden III]

In the end there is no complete coverage. You do your best with the language. AND...

 

Buy a business liability insurance policy. You could be sued for more than just a product you designed injured someone (who likely tried to do something profoundly stupid with it) but by the UPS guy falling while delivering a package to you, anyone hurt in a car accident if they thought you were driving for work at the time, etc. My policy is for about 2 million dollars and costs me about $600/year. I'm not typically designing, I'm illustrating, so maybe that difference would change the cost. Look into it.

[ikinman]

To add to Ernest's point, I would think very carefully about regularly undergoing projects of this sort without having set up some kind of corporation first, to help shield you from liability issues of this kind (not to mention the tax advantages). And definitely get business insurance.

 

If you want to freelance design, I would consider teaming up with a registered architect or engineer to stamp the drawings and assume the liability, at least until you have something more solid set up. Ultimately an architectural license is only an assumption of liability (it's a wonder that anyone wants to get one when you can pay someone to review and stamp your drawings) and not a 'Good Housekeeping Seal of Approval' for quality design. It just allows you to get sued. So outsource it.

[Aaron2004]

Thanks for the input, guys.

 

This will really help out. As for insurance, this is a great idea if I ever start doing this more often...however, right now it's just for a friend, so I think just a signed statement saying something similaer to what mbowers said will be just fine for this job. Thanks!

 

Aaron

[mbowers]

I agree with Ernest, a liability policy is well worth the investment. Not only does it help cover your butt, it also will guide you in your contracts into what you should and shouldn't be doing. Careful word choice is a must. The words APPROVE, INSPECT, EQUAL, and GUARANTEE cause a lot of headaches and unfortunately...lawsuits. You should convey to your client exactly what you are and what you aren't doing...you might be setting yourself up for something you hadn't planned on.

[jking]

This is probably one of the most complex and indeterminate subjects that anyone will likely encounter. Here is my two cents:

1. Nothing that you write into a contract or on the plans can extend your rights or remedies beyond what the law already allows.

2. When you "freelance" drawings for a homebuilder, what makes you attractive is your price.

3. The builder doesn't expect any more than what he is pays for, you are just a commodity that is dispensible. You do this work, really, to satisfy yourself. You are just another subcontractor.

4. In most jurisdictions, a building permit can be secured with a very minimal set of plans. You are probably best off providing a minimal set for a minimal fee, or a complete set for a very large fee. Do nothing in between, that is where the danger lies. Naturally, the client will opt for the lower fee. In any dispute, you can always say "Remember, when we talked about the level of my service and you decided to purchase the "bare bones" set"?

5. In home building particularly, all control lies with the builder. With any given set of plans, the project can be made better or worse by the skill of the builder.

6. The only real way to protect yourself is to produce superior work, which takes (unfortunately) many, many years of experience, even for the most talented individuals.

7. Involve the client in most every decision, treat the client as though you really care about the project (to the point of being obsessed), but do not act timid or without confidence. Record everything in writing and send memos of many of those items. This will build a file of data that may help you later. The greater effect though, is that the client will believe that you recall conversations and decisions to a greater extent than actually occured. You will be less likely to be accused of having "dropped the ball".

8. Any architect that could be "outsourced" to stamp someone's work, without acting in a supervisory role, is a fool, regardless of the measely fee. I would wager that it violates most, if not all, state license board regulations and is grounds for revocation. I am continually amazed though, at the degree of foolishness that I regularly see.

9. There is some value in putting protective language in the contract and on the drawings. It may let you sleep better, it may deter someone from recovering from you what they would otherwise be entitled to.

10. Insurance is a good idea. One thing that I don't know about liability insurance, maybe someone could answer: Does liability insurance cover negligence, or does it specifically exclude negligence? What about contributory negligence?

 

Interesting subject, to say the least.

[mskin]

Jking.... awsome, awsome advice. thanks.

 

i agree with the bare bones concept. Sometimes it feels like your doing the right thing by over detailing and over drawing... but in my limited 10 years of experience, that often comes back to bight. I believe in provide good solid control/guidelines and letting the contractor figure out the rest.

 

it seams like the more information you provide, the less the contractor has to think, and the more you are exposing yourself to risk. Bare bone documents force the contractor to make decisions that in some sense make him liable.

 

my 2 cents.... but i have never had a problem with residential design using the "bare bones" approach. some of my work mates who moonlight tend to over document there residential designs and make themselves sick with worry.