Avoid litigation by being friendly

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Author Message David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1753 Registered: 03-2002 Posted on Thursday, January 24, 2019 - 01:30 pm:    Last night a specifier, who works for a very large prestigious firm, told me about a conversation he had with the firm's attorney. The attorney essentially told him that it does not matter how well the firm prepares the documents. The way the firm avoids litigation is by having good relationships with their clients. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC ken hercenberg Senior Member Username: khercenberg Post Number: 1207 Registered: 12-2006 Posted on Thursday, January 24, 2019 - 02:18 pm:    Sure he wasn't trying to drum up more business? David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1754 Registered: 03-2002 Posted on Thursday, January 24, 2019 - 02:20 pm:    The attorney was in house counsel at the firm. My friend and I were both shocked and thought, "If that is true then why should I work so hard?" David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC ken hercenberg Senior Member Username: khercenberg Post Number: 1209 Registered: 12-2006 Posted on Thursday, January 24, 2019 - 02:33 pm:    Maybe he's bored. Ellis C. Whitby, PE, CSI, AIA, LEED Senior Member Username: ecwhitby Post Number: 440 Registered: 03-2003 Posted on Thursday, January 24, 2019 - 03:06 pm:    Personally, I can see having a personal relationship with the Owner cannot hurt and can help a lot. Especially if your’ CDs are basically within the “standard of care.” Of course, throughout the developing of the relationship with the Owner you have to educate them on what “standard of care” in your segment of the AE industry. I just don’t see the possibility of development of a personal relationship with the Owner unless it is a repeat client. The type of buildings that the AE is producing plays into that strongly: If your work is primarily commercial, the likelihood of a repeat client is minimized unless you are luck to work of a good sized developer. Based on my past (long past) experience there are some developers, but too many are often driven solely by the cheapest cost, whether design or construction: good work be damned. I recall a developers stopping payment to the AE just before “Substantial Completion” and stating that if the AE didn’t sign off on “Substantial Completion” they would be sued. Joy. On the other hand, I recall a long term client being very willing to work with an AE when there were design issues. The AE firm did have to “donate” service for the client, but no cash changed hands. On the third hand (the gripping hand?), if you have bad relationship with a client, consultant or contractor, they will be more likely to feel free to point at the AE in any dispute. Michael Chusid, RA FCSI CCS Senior Member Username: michael_chusid Post Number: 454 Registered: 10-2003 Posted on Thursday, January 24, 2019 - 03:34 pm:    David, The in-house counsel's advice has applications in all human relationships. Still, your post reminds me of a firm at which I worked, a politically connected AE firm that did a lot of work in the region. The attitude of the firm's owners was that the quality of the documentation was not as important as their relationships with political power brokers, contractors, and suppliers in the region. The firm knew where the "bodies were buried", metaphorically. I left after I came to understand their philosophy. Later, two of the firm's principals were convicted of bribery conspiracy and lying to a Grand Jury --one of them the in-house legal counsel. Apparently there are limits to what "good relationships" when dealing with public agencies. Michael Chusid, RA FCSI CCS 1-818-219-4937 www.chusid.com www.buildingproduct.guru ken hercenberg Senior Member Username: khercenberg Post Number: 1212 Registered: 12-2006 Posted on Thursday, January 24, 2019 - 07:12 pm:    Why does this remind me of discussions with numerous construction attorneys that all advised me to ask every potential client one question: "How many Architects have you sued?" Apparently Architects are more likely to be sued by their clients than by anyone else. The way they put it, a number of developers make a habit of financing their construction by suing their Architects after not paying them. Seems like it's trying to be friendly with hungry alligators. Ellis C. Whitby, PE, CSI, AIA, LEED Senior Member Username: ecwhitby Post Number: 441 Registered: 03-2003 Posted on Friday, January 25, 2019 - 02:38 pm:    Ken; As a friend of mine who grew up in Florida described them, Alligators are generally non-aggressive, especially if you leave them alone, stay away from their nests and young, they are not too hungry, and you are not a small dog (or walking one). He described classmates hand feeding gators on campus. On the other hand, Crocodiles are almost always aggressive, regardless: if you try to hand feed them, they take the hand first. Based on that information I think many developers make Crocodiles look peaceful. Jerome J. Lazar, CCS, CSI Senior Member Username: lazarcitec Post Number: 1967 Registered: 05-2003 Posted on Friday, January 25, 2019 - 02:46 pm:    I have to give up my license as an Architect because in Florida Specwriters who are licensed architects are getting drawn into litigation. It seems as soon as a vulture realizes I am also a licensed architect, I am being named as an architect on the project, even though contractually I am a specwriter only. Granted they can not touch me, but I have to spend the money and time to prove I am not providing architect services, its very frustrating. I have not used my architect seal in 20 years. Its no fun writing specs in Florida. Dan Helphrey Senior Member Username: dbhelphrey Post Number: 6 Registered: 12-2018 Posted on Tuesday, January 29, 2019 - 02:04 pm:    I've certainly seen architects avoid litigation by being masters of the schmooze, but it's a rare and not entirely consistent talent - definitely not something I would rely on. Preparing quality documents is a much better strategy for staying out of court (or at least winning every time you are dragged into court). Jerome J. Lazar, CCS, CSI Senior Member Username: lazarcitec Post Number: 1969 Registered: 05-2003 Posted on Tuesday, January 29, 2019 - 05:47 pm:    Ditto Dan, I would add Coordinated drawings, many architects do not read specs relying on specifiers' crystal balls to ensure coordination, my crystal ball fell off the table, shattered years ago, it never worked anyway, except as a paperweight. Most Architects have no time to read specs, its a pity. Louis Medcalf, FCSI, CCS Senior Member Username: louis_medcalf Post Number: 101 Registered: 11-2010 Posted on Wednesday, February 06, 2019 - 10:50 am:    I was a claims manager for a large architectural firm for 10 years. It is a person who decides whether to sue or negotiate a claim. Unfortunately, that person is sometimes someone the architect has never met. If the firm's client is a casino (handled a couple such claims), keep in mind their basic business principle: "The house always wins." When not able to negotiate directly, we were always able to solve situations through mediation, which depends largely on interpersonal relationships.