Construction White Papers

The word "architect" came to the English language from the French "architecte," where it was transmitted from the Latin "architectus" and, before then, the Greek "architekton." In Greek, it is derived from a combination of the components "archi," meaning "master," and "tekton," meaning "builder" or "carpenter." Construction projects in ancient Greece, then, were constructed by architects, who were at the time thought of as master builders.

The Disputes: Defects, Costs, and Delays: Construction Claims are primarily centered on defective construction, Cost overruns, or delay claims. There are nuances to each but these major items can affect the cost and performance of projects.

This paper discusses selected current indemnity and insurance issues that are of importance to construction professionals and provides practical advice for their handling. It is intended to be a practical tool for understanding of those matters addressed and is not intended to be an exhaustive analysis. The comments and observations are not intended to be legal opinions nor the practice of law.

The relationship between persons involved in a construction contract is generally based upon a formal contract. Owners, architects and contractors commonly use the standard contract document forms created by the American Institute of Architects (AIA) and the Engineers Joint Contract Documents Committee (EJCDC). Negotiation of the construction related contract is the first important step a party should take to limit its liability. In many cases, the parties may develop their own hybrid contract form drawing liberally from the standard AIA and EJCDC forms. Whichever contract is used, its most important function is to define the services provided by the professionals involved. Typically, the contractor and architect contract directly with the project owner. Oftentimes the contractor or design professional will then subcontract engineering or other consulting services required to properly design and construct the project unless the owner retains those consulting services for the project.