Liability Question

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Author Message Anonymous   Posted on Wednesday, November 19, 2008 - 02:29 pm:    A not-for-profit organization, that I am involved with, is doing a remodel to one of their buildings. I am interested in offering my expertise to assist the project. How can I help them yet avoid liability for myself and my employer? Melissa J. Aguiar, CSI, CCS, SCIP Senior Member Username: melissaaguiar Post Number: 114 Registered: 12-2003 Posted on Wednesday, November 19, 2008 - 03:28 pm:    First question is - What does your expertise involve? second question - What type project is it for the NFP owner? third question - Does your employer know you want to do this? Phil Kabza Senior Member Username: phil_kabza Post Number: 344 Registered: 12-2002 Posted on Wednesday, November 19, 2008 - 05:34 pm:    You can't. Just opening their doors each day brings liability to a design professional and their firm. Pro bono work is especially liability-ridden. While the NFPO has the same needs for service that any other client has, they are no doubt looking for ways to reduce their costs by, for instance, getting volunteer help at each step, and using donated materials. Coordinating volunteers and contributions is time consuming. There's a strong temptation to reduce the scope of design services, reduce the scope of the drawings, proceed with "sheet specs," and perform little or no CCA services. All of these are markers for projects that generate claims for design professionals. These issues can be overcome, but it will take a considerable investment of your time and your firm's time to do so. Good contracts are in order, as is a review by your firm's risk manager. Sometimes working overtime and making a cash donation so that the NFPO can hire an AE is a desirable alternative. You could assist as a volunteer owner's rep, but keep the design professional of record in their usual position as an outside consultant. (Unregistered Guest) Unregistered guest Posted on Wednesday, November 19, 2008 - 08:28 pm:    Here are more specifics. The client is my church and the project is a commercial kitchen remodel. They already have a project manager, draftsman, etc. My capacity would be to review their documents and make sure that they are up to Code and ADA. I would basically be looking for technical items. Scheduling and estimating is another person's job. No. My current employer does not know that I am doing this project. I will make it very clear that I am not working as a representative for my firm. I am doing this in my own capacity as a consultant. Anonymous   Posted on Wednesday, November 19, 2008 - 09:14 pm:    Tax implications....if you are planning on "billing" a set rate per hour for your involvement, and then deducting that amount as a charitiable contribution, then I would think you are offering professional services and are thusly liable. Plus you are moonlighting and that extends liablity to your employer. This seems like one of those situations where no good deed goes unpunished. Robin E. Snyder Senior Member Username: robin Post Number: 226 Registered: 08-2004 Posted on Wednesday, November 19, 2008 - 11:14 pm:    Check w/ you attorney and accountant. Time donated for pro bono work is not typically deductible (at least not in full), but expenses incurred typically are. An attorney can recommend if a good release of liability contract is available. Anne Whitacre, FCSI CCS Senior Member Username: awhitacre Post Number: 857 Registered: 07-2002 Posted on Thursday, November 20, 2008 - 12:30 pm:    let's just say for now, that you're simply interested in donating your time to your church, and you don't really care about taking a tax deduction. the biggest issue is going to be the liability one. Some employers absolutely will not allow moonlighting and would prefer that you bring the job into the office, open a job number for it, and then donate the time -- so that they are covered legally. you might discuss this as an option with your employer. the firm takes the tax deduction, but they also have liability insurance and all that good stuff. if this is a kitchen remodel for a commercial facility, who is stamping the documents and taking the project through the building department? can you "work" as a subcontractor for them? Phil's comments about NFPOs is right in line with my experience -- these have often been difficult clients for me because they don't often understand how much time it takes to do something properly, and never understand the concept of "scope of work". at the very least, put a maximum on the number of hours you're going to donate. Phil Kabza Senior Member Username: phil_kabza Post Number: 345 Registered: 12-2002 Posted on Thursday, November 20, 2008 - 04:31 pm:    I'm additionally of the mind that a commercial kitchen should be designed and reviewed by a qualified food service equipment consultant. It's specialized and expensive work; the likelihood of code-generated change orders is high; the design fees are a small proportion of the work; etc., etc. Make sure you are the right person for the job before you step into it; the costs of fixing your oversights may be remembered longer than your generosity. Richard L Matteo, AIA, CSI, CCS Senior Member Username: rlmat Post Number: 310 Registered: 10-2003 Posted on Thursday, November 20, 2008 - 04:54 pm:    Unless you involve your employer up front, you run the risk of him being included in any lawsuits that may arise, even though he had no involvement - bad career move! MY personal suggestion - Run away in the opposite direction as fast as possible.