Law for architects : what you need to know / Robert F. Herrmann and the attorneys at Menaker & Herrmann LLP.
2012
KF2925 .H47 2012 (Map It)
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Details
Author
Title
Law for architects : what you need to know / Robert F. Herrmann and the attorneys at Menaker & Herrmann LLP.
Published
New York : W.W. Norton & Co., [2012]
Copyright
©2012
Call Number
KF2925 .H47 2012
Edition
First edition.
ISBN
9780393733457 (hardcover)
0393733459 (hardcover)
0393733459 (hardcover)
Description
224 pages : illustrations, forms ; 25 cm
System Control No.
(OCoLC)755705025
Bibliography, etc. Note
Includes bibliographical references (pages 214-215) and index.
Record Appears in
Gift
Purchased from the income of the Fisch Fund
Added Corporate Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Fisch Fund
Table of Contents
Foreword
7
Preface and Acknowledgments
11
1.
Why Do I Need an Agreement?
13
Getting Started: What Should an Initial Proposal Contain?
14
What Are the Benefits of Using American Institute of Architects Forms of Agreement?
15
How Is the Typical Architect/Owner Agreement Structured?
16
Consultants: Who Should Engage Them, the Architect or the Owner?
45
What Do I Need to Know if I Am Working on a Project in a Foreign Country?
47
How Is My Role Different If I Am Just the Design Architect?
50
The Owner's Agreement with the Contractor: What Should I Know?
51
2.
What Is My Intellectual Property and How Do I Protect It?
55
What Is Copyright?
56
What Are Derivative Works?
58
Who Owns A Copyright?
59
As the Copyright Owner, How Do I Protect My Work?
62
How Long Does Copyright Last?
63
What Is Copyright Infringement?
63
How Does a Court Decide Whether a Copyright Has Been Infringed?
66
What Are the Remedies for Copyright Infringement?
70
As the Copyright Holder, Can I Put Pictures of the Building on My Website?
71
What Are My Intellectual Property Rights When Working Abroad?
73
What About My Rights in Electronic Documents?
73
Does Using Building Information Modeling Software Change My Rights?
76
What Is a Trademark?
77
Can Any Word or Symbol Be Trademarked?
78
What Are the Penalties for Trademark Infringement?
79
What Is a Patent?
80
What Are the Penalties for Patent Infringement?
81
3.
Why Do I Need Insurance?
83
What Exactly Is Insurance?
84
What Role Do Insurance Brokers Play?
85
What Does Professional Liability Insurance Cover?
88
What Does Commercial General Liability Insurance Cover?
91
What Does Workers' Compensation Insurance Cover?
92
What Does Commercial (Business) Automobile Insurance Cover?
92
What Does Business Office Insurance Cover?
92
What Does Employment Practices Liability Insurance Cover?
93
What Does It Mean to Be an Additional Insured?
93
What Insurance Should My Consultants Carry?
94
What Is Project Insurance?
95
What Is a Waiver of Subrogation?
95
How Are My Professional Liability Insurance Premiums Calculated?
95
4.
What Do I Need to Know About Getting Paid?
97
What are the Different Means of Determining the Framework for Compensation?
97
What Happens If My Client Fails to Pay?
100
What Is a Lien?
101
What Is my Last Resort?
104
5.
What Do I Need to Know About Forming and Organizing An Architectural Firm?
105
What Form of Entity Should I Have?
105
Why Do I Need a Written Agreement with My Other Owners?
111
Can I Practice Architecture with Other Professions?
120
What Do I Need to Know About Practicing in Other States?
120
What Do I Need to Know About Expanding Ownership of My Firm or Merging My Practice?
123
6.
What Employment Issues Do I Face as an Architect?
127
What Do I Need to Know About Hiring?
127
What Workplace Issues Should I Be Aware Of?
136
What Can I Do to Avoid Litigation if I Have to Terminate Employees?
146
7.
How Do Construction Disputes Get Resolved?
151
What Does a Construction Claim Look Like?
152
What Is Meant by the Term "Claim"?
153
When Do I Need to Get a Lawyer Involved?
154
What Are the First Steps in Addressing a Claim?
155
What Should I Do When the Claim Is Against Me?
156
Why Is It Critical to Save My Records?
156
What Are the Main Dispute Resolution Vehicles?
157
How Are Disputes Resolved Informally?
158
How Can Monetary Claims Be Resolved Informally?
159
How Can Non-Monetary Claims Be Resolved Informally?
159
Should Dispute Resolutions Be Documented?
161
What Are the Main Types of Formal Claims Resolution?
161
How Does Mediation Work?
162
How Does Arbitration Work?
166
How Do I Enforce a Favorable Arbitration Award?
170
How Does Litigation Work?
171
What Are Appeals?
176
8.
I May Have Committed Malpractice: What Is My Legal Exposure?
179
Under What Sorts of Laws Can Someone Sue Me for Damages?
180
What Sorts of Things Can I Be Sued For?
184
What Are "Economic Losses"?
189
Who Can Sue Me for Economic Losses?
192
For How Long After a Project Can I Be Sued?
196
9.
How Do I Become Qualified to Practice Architecture?
199
What Kind of Activities Require a License?
199
Why Are Architects Required to Be Licensed?
201
Who Decides Who Gets Licensed?
202
What Are the Requirements to Become Licensed?
203
Do I Have to Be Licensed in Every State Where I Provide Architectural Services?
204
Does My Firm Need to Be Licensed?
206
What Do I Need to Do to Keep My Architecture License?
206
What Happens If I Am Not Licensed?
206
So If I Have a License and Keep It, Is That All I Need to Do?
207
10.
How Do I Choose an Attorney to Help Me?
211
Notes
214
Index
216
About the Authors
223