Lawyer Monthly - January 2022 Edition

EXPERT WITNESS 71 JAN 2022 | WWW.LAWYER-MONTHLY.COM remediating unforeseen problems within an existing building. In this case, we assess and synthesise all the gathered data and knowledge necessary to make sense of what is typically a multifaceted and complex set of problems. There are usually multiple remedies available – it is our job as architects to educate our clients and exercise wise judgment and discretion in recommending the right products and designs on our client’s behalf. Is there a meaningful difference between a consultant and an architect when it comes to advising on a construction project? Absolutely. The greatest difference is that a consultant is typically not a licensed design professional. An architect may consult, but a consultant is not licensed to practice architecture. This matters significantly when a client is deciding whom to hire for a particular project, and certainly when the anticipated tasks will require expert advisor services. A licensed architect is expected to have substantial and specialized education and training, to practice It is our job as architects to educate our clients and exercise wise judgment and discretion in recommending the right products and designs on our client’s behalf. wise discretion, and to accept a fiduciary responsibility at a level well beyond that of an unlicensed consultant. Architects are trained and experienced not only to design and develop construction contract drawings, but also to read and understand them – an absolutely essential skill set towards fully understanding existing buildings. Those aspiring to be licensed architects must train and then sit for the Architectural Registration Exam (ARE). The ARE is a rigorous registration exam which has been adopted by all 55 US jurisdictions and six Canadian provinces. It concentrates on those areas of knowledge, skill and services that most affect public health, safety, and welfare. Only upon successful passing of the exam is one legally eligible to practice architecture. The definition of a consultant is not nearly as precise. Anyone who provides “expert” advice may claim to be a professional consultant. With little assurance, it is the client’s responsibility to determine if the consultant’s knowledge, experience, and character are ”good enough” to advise them and put their best interests at the forefront. How does this distinction affect the construction project as a whole? The centrepiece of an architect’s practice is having a system of solid moral values which serve as the compass for personal and professional conduct. This system of ethics is formalised as the standard of care documented in the Architect’s Handbook of Professional Practice, issued by the American Institute of Architects. Ethical behaviour is a fundamental requirement of practicing architecture and is used to ensure that we uphold our duty to protect the health, safety, and welfare of the public. This includes specifying particular products or systems based solely on their appropriateness to the project and selecting contractors based on qualifications and experience. These are expected traits of a licensed architect, whereas consultants are not necessarily held to the same standards. As part of the consensual and fiduciary relationship with our clients, architects owe our clients sound judgement and experience. We direct our clients to the recommended course of action, even if it means protecting the client from our own profession. In what way does the effective handling of a contract affect the likelihood of legal issues arising during the process? In our experience, it begins with assuring that bidders have a complete and thorough understanding of the scope of work, starting with the detailed set of drawings and specifications. Transparency and open communication at the beginning of the contract negotiations makes