GC AS WAGE GUARANTOR ?

  By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (OH) A.I.A., N.C.A.R.B.   General Contractors (“GC’s”) face additional exposure as wage guarantors under laws being passed and considered in some states. These new provisions supplement many of the previously enacted laws …

KNOWLEDGE: ACTUAL, CONSTRUCTIVE, IMPUTED?

  By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (Oh) A.I.A., N.C.A.R.B.   KNOWLEDGE OF FACTS, whether actual, constructive, or imputed, are important distinctions affecting legal  outcomes and decisions. Various legal interpretations and applications illustrate these important distinctions with a difference, …

KNOWLEDGE: ACTUAL, CONSTRUCTIVE, IMPUTED ?

By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (OH) A.I.A., N.C.A.R.B. KNOWLEDGE OF FACTS, whether actual, constructive, or imputed, are important distinctions affecting legal  outcomes and decisions. Various legal interpretations and applications illustrate these important distinctions with a difference, especially in …

LEGAL RISKS – “DELEGATED DESIGN”

Delegated Design by the Contractor, Subcontractor or Supplier, may supplement the design professional’s services. But such acts may also incur serious liability for incursions into the AE’s province.

CONSTRUCTION – ITEMS REASONABLY INFERABLE ???

Construction documents may require furnishing of items “reasonably infereable”. How is this term applicable or contractially eforceable?

ADVANCE MEDICAL DIRECTIVES

In emergencies, thse specific documents can provide important safegauards.

A-E LEGAL STANDARDS-OF-CARE

Architects and Engineers (A-E’s) are held to high degrees of professional standards in their services. These standards-of-care are duties, legally defined.

WHAT, ME WORRY?

  By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (OH) A.I.A., N.C.A.R.B. Perennials, those over 60, should recall the 1960’s beginning and craze of Mad Magazine, its comic jabs and  satire about almost everything, and the iconic portrait of the smiling …

CONSTRUCTION FATAL HAZARDS

BY: J. NORMAN STARK, ATTORNEY / ARCHITECT EMERITUS (A.I.A., NCARB) Construction projects have been frequently identified as “dangerous places”.  That hang tag is inaccurate and unfair, since it fails to acknowledge the huge majority of concerned, responsible contractors, subcontractors, and …

CONSTRUCTION EVIDENCE DESTROYED – SPOLIATION

Spoliation of crticial evidence may adversely affect proof required in consteruction cases. The elements of spoliation require strict proof.