Issues in Professional Practice

1
Issues in Professional Practice

• Certification AIC-PC, PMI-CPM
• Sick Building/Indoor Air Quality- energy
  efficiency requires airtight construction. This,
  coupled with increasing use of solvents,
  adhesives, and synthetics in construction can
  make for poor quality indoor air. Mold in
  schools (no air flow) is fasting growing tort
  arena

2
Issues in Professional Practice

• Alternative Delivery Systems- design build, CM at
  risk, public-private partnership, contractor
  warranty and maintenance bids
• Expert testimony- projects are more complex and
  involve more parties, use of experts will grow
  (can be lucrative)
• Waiver of claim- designers trying to buy bid
  waivers- many courts have thrown them out

3
Issues in Professional Practice

• Important skills
• People skills (cooperation, creativity, conflict)
• Ability to read, especially technical material
• Ability to write, especially technical material
• Cultural awareness, world view, broadly educated

4
Issues in Professional Practice

• Avoiding lawsuits
• Be honest, admit mistakes
• Add value for those paying you
• Pay those who add value for you
• Cooperate to fix mistakes (dont punish)
• Dont get fixated on small issues
• Understand and listen well
• Learn that different is not wrong or bad
• Avoid standing on principle- pick your battles

5
Issues in Professional Practice

• Handle mistakes by apologizing, fixing, learning,
  and moving on
• Clauses to review carefully
• Termination for convenience- usually unilaterally
  good for the owner
• Unforeseen site condition risk transfers
• Delay clauses, ask for a list of excusable types
• Notice provisions- damage, delay, time period
• Damage clauses- damage for delay, allowable OHP
• Consequential damages- loss of use (could be big
  )

6
Issues in Professional Practice

• Indemnification- review joint liability and
  indemnification clauses, along with insurance
  requirements, to make sure you are aware of risk
  and appropriately covered
• Flow-down clauses (in subcontracts)- obligations
  and duties flow down from owner to prime
  contractor to subcontractor to material supplier,
  Usually for warranties, service agreements,
  dispute resolution procedures, parts availability

7
Issues in Professional Practice

• Pay-When-Paid clauses- subcontractor will not be
  paid until the owner pays the contractor. Can
  bankrupt small contractors. Look for phrase
  condition precedent
• Dispute resolution- contractor and subcontractor
  can differ on dispute resolution terms. Best to
  stay out of court.
• See questions on page 422- all should be answered
  by the specifications, mostly general conditions
  (including sub questions)