VOLUME 3   ISSUE 15   APRIL 11, 2014


By Bruce Jervis


Architectural and engineering service agreements commonly call for the design professional to deliver design documents that comply with all applicable building codes. Is this something different from or more than the customary duty to exercise professional due care? It is a question few pause to ask.


An architectural services agreement in Florida called for the architect to exercise the degree of care and diligence standard in the profession “and in compliance with any and all applicable codes, laws and ordinances.” At the insistence of code enforcement, the public project owner was forced to make a change in the construction contract. The owner sued the architect to recoup the cost of the change order. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Architect Responsible for Change Order Necessary for Code Compliance
  • Union Labor Payment Security Not Pre-Empted by ERISA
  • Site Condition Claim Was Founded on Trade Practice Terms


By Steve Rizer


The Obama administration will continue stepping up its enforcement of the Davis-Bacon Act if it has the financial wherewithal to do so, Littler Mendelson P.C.’s Van Allyn Goodwin predicted during “Understanding the Davis-Bacon Act and Prevailing Wage Law on Government Contracts,” a 90-minute webinar that WPL Publishing and L2 Federal Resources recently sponsored. He noted that the number of investigations into suspected Davis-Bacon violations rose from 356 in 2008 to 1,357 in 2012. “So, they have certainly stepped it up. The numbers have increased and will continue to increase as long as they have the dollars.” ... Read more.


By Steve Rizer


With April 15 looming and millions of Americans panicking about a certain deadline arriving on that day, architects and designers have some tax-related news worth celebrating: The Senate Finance Committee has proposed to broaden the opportunities for these types of professionals to benefit from the 179D Energy-Efficient Commercial Buildings Tax Deduction. But it is a deduction that will need to be extended because it expired Dec. 31 (ConstructionPro Week/CPW, Dec. 27, 2013, “Group Laments the Exclusion of Building Energy-Efficiency Provisions from the New Senate Tax Plan But Has Not Given Up Hope: CPW Profiles 26 Congressional Bills”). Click here to read how architects and designers would be able to benefit from the committee’s plan.





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