CONCRETE MANUFACTURED, WHEN ???
By: J. NORMAN STARK, ATTORENY, ARCHITECT EMERITUS OH (A.I.A., NCARB) Concrete manufacture may not appear to be a subject contested in the law, unless as the result of some defect or construction-related claim. Nevertheless, the Supreme Court of Ohio considered, …
ARCHITECTS’ PROFESSIONAL SERVICES
By: J. NORMAN STARK, ATTORNEY and ARCHITECT EMERITUS ( A.I.A., N.C.A.R.B.) Registered Architects in Ohio, as in most states, are held as professional services providers under the applicable laws. The title “ARCHITECT” or “REGISTERED ARCHITECT” may be used only by …
ELECTRONIC SIGNATURES ???
By: J. NORMAN STARK, ATTORNEY, ARCHITECT EMERITUS (OH) A.I.A., N.C.A.R.B. The ESIGN Act, a federal law enacted in 2000, grants legal recognition to electronic signatures and records if all parties to a contract choose to use electronic documents and to …
EXPLOSIVE DUST !
By: J. NORMAN STARK, Attorney, Architect Emeritus (OH) A.I.A., N.C.A.R.B. Dust is hazardous, combustible and explosive!!! There has been a dramatic increase in incidents of devastating industrial fires and explosions, investigated and reported (and cited for violations) by OSHA, …
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.