Listen to My Discussion of Legal Issues for Architects on ArchiTalk Radio Show

I recently had the honor of appearing as a special guest on the ArchiTalk radio show airing on 880-AM “The Biz” in South Florida on Mondays at 11 a.m. Local architects Sebastian Eilert and Jane Decker host the show, which focuses on what’s happening in the South Florida architecture world and beyond.

My discussion with Sebastian and Jane focused on the current trends in South Florida real estate and related litigation, and how these trends impact architects. We discussed the statute of repose for design and construction defect claims for condominiums, which is ten years, and how litigation that commences before the ten year mark can continue for years after it. This served as a reminder about the importance of Errors and Omissions insurance for architects, who are often viewed as being a viable target for litigation by associations for latent defects in the years immediately prior to the expiration of the ten year statute of repose.

We discussed how architects should protect themselves and limit their liability by using the standard AIA contract provisions noting that they are not providing certification or supervisory services over the work of the general contractor at the jobsite.

We also discussed the importance for architects who are working on renovation projects at condominiums to ensure that their client, the unit owner, is aware of the association’s rules and regulations regarding repair work, including the time of day work can take place and the importance of ensuring that all necessary permits are in place before the start of the project. I also recommended that architects should include similar requirements in their plans and specifications to make certain that the contractor is bound to comply with these requirements, as the contractor will ultimately be performing the work.