Contract Guide for Design Professionals: Advanced

Architect Training Course

This 5-hour online course provides a review and discussion of the terms and conditions of design professional agreements with an analysis of risk management concerns including the insurability of contract clauses. Over 20 contract clauses are presented and discussed in a contract guide format with a special focus on AIA Document B-141 and EJCDC 1910-6. After presenting onerous, adverse clauses as examples of language design professionals should avoid, each section offers solutions and alternative language to use.

The clauses discussed in this course include:

  • Americans with Disabilities Act (ADA);
  • CADD and Electronic Media;
  • Certification;
  • Changes in Services;
  • Changed Conditions;
  • Change Orders in Construction;
  • Compliance with Law;
  • Confidentiality;
  • Copyrights;
  • Cost Estimates;
  • Dispute Resolution;
  • Environmental Conditions;
  • Indemnity;
  • Inspection;
  • Insurance;
  • Limitation of Liability;
  • Ownership of Documents;
  • Owner Provided Data;
  • Rejection of Work;
  • Schedule (Timeliness of Performance);
  • Scope of Service;
  • Site Safety;
  • Standard of Care;
  • Warranties and Guarantees

This course includes a multiple-choice quiz at the end of each section.

At the conclusion of this course, you will be able to:

  • Understand general and advanced principles of design professional contracting
  • Understand the risks inherent in professional services agreements
  • Be in a better position to negotiate with the project owner
  • Obtain reasonable terms and conditions that appropriately allocate risk to the party best capable of managing and obtaining insurance for the risk
  • Develop a greater appreciation and knowledge of problems and potential solutions with regard to the insurability of the risks undertaken in various contract clauses
  • Become a better negotiator so that you can revise the terms and conditions, thus managing the risk more effectively.

This course is written by Kent Holland, construction lawyer and Director of Risk Management Services for the design professional liability unit of Arch Insurance Group, Inc. Kent Holland has assisted both the design professional and the insurance carrier in managing risks arising out of contract terms and conditions. This course is based upon Mr. HollandÆs knowledge and experience in reviewing contracts of design professionals.

Course Level: Advanced

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