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An essential reference for practitioners, emphasizing how legal concepts affect the process of bringing architectural vision to reality.

Law for Architects: What You Need to Know guides design professionals through the daunting landscape where design and construction meet the legal system. It provides an introduction--written in clear, reader-friendly language--to issues that arise at every stage in the practice of architecture. For architects starting or building their own practice: Why do I need a written agreement with my clients? Why do I need insurance? How do I organize my firm? For seasoned architects considering retirement: How do I transfer ownership in my company? How can I benefit from the good will I helped to build? For students who want to learn more about the practicalities of starting out: Why is it important to have a license? Isn't it enough to have a degree in architecture? What are my rights as an employee? It also addresses the perennial questions that concern architects: How do I protect myself from being sued? How do I protect my intellectual property rights in my work? and much more.

Law for Architects identifies the legal issues that lurk in every corner of your design practice and helps you figure out what questions you need to ask.

Tabla de contenidos provista por Syndetics

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

Notas de autor provistas por Syndetics

Robert F. Herrmann is a partner in the New York City law firm of Menaker & Herrmann LLP. A graduate of Yale College and Columbia University School of Law, he has for more than thirty years advised architects, engineers, interior designers, owners, and contractors. He is a professional affiliate of the New York Chapter of the American Institute of Architects, where he has organized and participated as a panel member in many seminars for design professionals. He serves as a mediator of construction claims for the American Arbitration Association and the Commercial Division of the New York State Supreme Court.