There's
an interesting article in April's Architectural
Record by Alec Applebaum concerning
owner's rep work and the possibility of expanding the role of the designer to
create new forms of business for an architect's firm.
Anybody undertaking a
design-build arrangement will need to be familiar with rules about general
contractors, safety and understand the significant liability risks associated
with such a role. In addition, undertaking owner's rep work
could implicate a host of fiduciary responsibilities not considered.
Serious consideration regarding the qualifications and ability that is required
to take on any expanded role is important.
We've
had plenty of previous discussions about the types
of liability a general contractor can face. We have also been
following a piece of legislation in the Illinois House of Representatives that
would likely change the face of §414 liability cases. In following these
types of cases under Illinois law in the construction industry we have seen
courts rule both ways when considering whether or not a GC undertook to control
the work of its subcontractors.
Now
we have another... In Calderon
v. Residential Homes of America, et al. No. 1-07-1470 (2008) we've been
given another piece of information concerning what amounts to control under the
§414. In Calderon, the plaintiff was roofing and injured himself while
carrying shingles up a ladder to a roofing job. The defendant was the GC
and had a contract that instructed its subs to review a manual regarding safety
that was kept in the GC's office and had a site superintendent who went around
the job daily to ensure work progress. The testimony during depositions
revealed that the GC's superintendent was not aware that the shingles were
transported by ladder rather than by crane or conveyor, and that the
superintendent was not instructing the subs regarding how to perform their
work, but was reviewing the site for progress. The court upheld the trial
court's grant of summary judgment and found that the facts (which can be read here
in the opinion) did not amount to "control" sufficient to establish liability
under the §414 exceptions.
There
are plenty of minutia to consider when assuming a new role. Jumping into
any unfamiliar type of business arrangement means assuming new risks that you
should be prepared for.
