Herrmann, Robert F.

Law for Architects : what you need to know. / txt Robert F. Herrmann and the attorneys at Menaker & Herrmann LLP. - 1st. ed. - 224 p. ill. ; forms ; 25 cm. book

Index

Bibliography

Contents :
Foreword 7 --
Preface and Acknowledgments 11 --
1 : Why Do I Need an Agreement ? 13 --
Getting Started : What Should an Initial Proposal Contain ? 14 --
What Are the Benefits of Using American Institute of Architects Forms of Agreement ? 15 --
How Is the Typical Architect / Owner Agreement Structured ? 16 --
Consultants : Who Should Engage Them, the Architect or the Owner ? 45 --
What Do I Need to Know if I Am Working on a Project in a Foreign Country ? 47 --
How Is My Role Different If I Am Just the Design Architect ? 50 --
The Owner ' s Agreement with the Contractor : What Should I Know ? 51 --
2 : What Is My Intellectual Property and How Do I Protect It ? 55 --
What Is Copyright ? 56 --
What Are Derivative Works ? 58 --
Who Owns A Copyright ? 59 --
As the Copyright Owner , How Do I Protect My Work ? 62 --
How Long Does Copyright Last ? 63 --
What Is Copyright Infringement ? 63 --
How Does a Court Decide Whether a Copyright Has Been Infringed ? 66 --
What Are the Remedies for Copyright Infringement ? 70 --
As the Copyright Holder , Can I Put Pictures of the Building on My Website ? 71 --
What Are My Intellectual Property Rights When Working Abroad ? 73 --
What About My Rights in Electronic Documents ? 73 --
Does Using Building Information Modeling Software Change My Rights ? 76 --
What Is a Trademark ? 77 --
Can Any Word or Symbol Be Trademarked ? 78 --
What Are the Penalties for Trademark Infringement ? 79 --
What Is a Patent ? 80 --
What Are the Penalties for Patent Infringement ? 81 --
3 : Why Do I Need Insurance ? 83 --
What Exactly Is Insurance ? 84 --
What Role Do Insurance Brokers Play ? 85 --
What Does Professional Liability Insurance Cover ? 88 --
What Does Commercial General Liability Insurance Cover ? 91 --
What Does Workers ' Compensation Insurance Cover ? 92 --
What Does Commercial ( Business ) Automobile Insurance Cover ? 92 --
What Does Business Office Insurance Cover ? 92 --
What Does Employment Practices Liability Insurance Cover ? 93 --
What Does It Mean to Be an Additional Insured ? 93 --
What Insurance Should My Consultants Carry ? 94 --
What Is Project Insurance ? 95 --
What Is a Waiver of Subrogation ? 95 --
How Are My Professional Liability Insurance Premiums Calculated ? 95 --
4 : What Do I Need to Know About Getting Paid ? 97 --
What are the Different Means of Determining the Framework for Compensation ? 97 --
What Happens If My Client Fails to Pay ? 100 --
What Is a Lien ? 101 --
What Is my Last Resort ? 104 --
5 : What Do I Need to Know About Forming and Organizing An Architectural Firm ? 105 --
What Form of Entity Should I Have ? 105 --
Why Do I Need a Written Agreement with My Other Owners ? 111 --
Can I Practice Architecture with Other Professions ? 120 --
What Do I Need to Know About Practicing in Other States ? 120 --
What Do I Need to Know About Expanding Ownership of My Firm or Merging My Practice ? 123 --
6 : What Employment Issues Do I Face as an Architect ? 127 --
What Do I Need to Know About Hiring ? 127 --
What Workplace Issues Should I Be Aware Of ? 136 --
What Can I Do to Avoid Litigation if I Have to Terminate Employees ? 146 --
7 : How Do Construction Disputes Get Resolved ? 151 --
What Does a Construction Claim Look Like ? 152 --
What Is Meant by the Term " Claim " ? 153 --
When Do I Need to Get a Lawyer Involved ? 154 --
What Are the First Steps in Addressing a Claim ? 155 --
What Should I Do When the Claim Is Against Me ? 156 --
Why Is It Critical to Save My Records ? 156 --
What Are the Main Dispute Resolution Vehicles ? 157 --
How Are Disputes Resolved Informally ? 158 --
How Can Monetary Claims Be Resolved Informally ? 159 --
How Can Non-Monetary Claims Be Resolved Informally ? 159 --
Should Dispute Resolutions Be Documented ? 161 --
What Are the Main Types of Formal Claims Resolution ? 161 --
How Does Mediation Work ? 162 --
How Does Arbitration Work ? 166 --
How Do I Enforce a Favorable Arbitration Award ? 170 --
How Does Litigation Work ? 171 --
What Are Appeals ? 176 --
8 : I May Have Committed Malpractice : What Is My Legal Exposure ? 179 --
Under What Sorts of Laws Can Someone Sue Me for Damages ? 180 --
What Sorts of Things Can I Be Sued For ? 184 --
What Are " Economic Losses " ? 189 --
Who Can Sue Me for Economic Losses ? 192 --
For How Long After a Project Can I Be Sued ? 196 --
9 : How Do I Become Qualified to Practice Architecture ? 199 --
What Kind of Activities Require a License ? 199 --
Why Are Architects Required to Be Licensed ? 201 --
Who Decides Who Gets Licensed ? 202 --
What Are the Requirements to Become Licensed ? 203 --
Do I Have to Be Licensed in Every State Where I Provide Architectural Services ? 204 --
Does My Firm Need to Be Licensed ? 206 --
What Do I Need to Do to Keep My Architecture License ? 206 --
What Happens If I Am Not Licensed ? 206 --
So If I Have a License and Keep It , Is That All I Need to Do ? 207 --
10 : How Do I Choose an Attorney to Help Me ? 211 --
Notes 214 --
Index 216 --
About the Authors 223 --


9780393733457

2012001530


Architects--Legal status, laws, etc.--United States.
Construction contracts--United States.
Architectural practice--United States.

KF2925 / H47 2012

343.7307/7872