Risks of Expedited Housing Design and Construction
Among this year’s sponsors of the OAA Conference is Pro-Demnity Insurance Co. Two of its experts—Iliana Arapis, vice president of client experience, and Leslie Parker, senior architect—are sharing this advertorial with OAA members:
The recent political and media attention on rapid housing construction in Ontario brings to the forefront important questions about how architects can manage risk when involved in expedited and fast-tracked projects. No design is without risk, and the added element of speed, compounded by pressure from clients/owners, can result in an increase in risky practices. Quality control measures that are standard practice for projects with more reasonable timelines, may be compromised—or worse, sacrificed outright—in expedited projects, potentially leading to a claim or lawsuit.
At Pro-Demnity, we consistently advocate for design and decision-making processes that are thoughtful, thorough, well documented, and demonstrate due diligence by the architect and design team These require dedicated and reasonable amounts of time. Approaches to design quality assurance and architectural construction services that exemplify the architect’s usual and customary role will always stand the test of time… and even help you weather a lawsuit.
Here are five things to consider when your residential project is on an expedited schedule:
1. Ensure your duty of care to the public remains in place at all times.
As a professional architect, you have a responsibility that extends beyond your contractual obligation to your client. You have a duty to avoid unsafe conditions that result in injury to others. This is known as a “duty of care,” which extends to the general public, including a person sustaining personal injuries due to a dangerous design. You can be exposed to claims for any alleged breach of this ‘duty of care’.
If you believe your ‘duty of care’ is being compromised due to an expedited project schedule or other factors, express your concerns to your client in writing. You may also put Pro-Demnity on notice of a potential claim if there are concerns on the project that could impact you as the architect.
2. Navigate innovations and new systems and materials.
At Pro-Demnity, we’re all for innovation. But let’s not forget that innovations and new types of systems and materials carry their own risks. Fast-paced projects may not provide the ideal environment for the necessary research and due diligence to manage these risks.
If you’re involved in an expedited project that is considering innovations or new types of systems and materials as a means of expediting the schedule, ask yourself if the schedule allows enough time for your own due diligence.
Consider engaging specialists who are experts in the proposed innovation. If you retain engineering consultants or a specialist, use agreements that reflect your primary agreement and, importantly, ensure they carry suitable professional liability insurance.
Be mindful of any changes in design responsibilities or approval processes associated with the innovation. Ensure you understand who is responsible for what, and at what stage, and properly documented before proceeding.
Evaluate whether the construction budget includes enough contingency to cover the risks of using innovations, and whether the owner is aware of the additional financial risk. Document any concerns in writing.
3. Create space for quality assurance processes.
Allocate sufficient time, resources, and the appropriate fees within a tight project timeline to ensure you can consistently and comfortably meet your duty of care. If you do not feel the project timeline or fee is sufficient, consider if it is worth the risk to be involved in the project.
Implement a quality assurance and control (QA/QC) program for your projects. This could include internal or external peer reviews, checklists, and a procedure for client signoffs.
Consider consulting with and engaging appropriate specialists to mitigate your architectural design risk. Common ones include Building Envelope Specialists, Building Code Consultants, and specification writers.
If you feel a specialist consultant should be retained for a project, make sure your client is informed of your recommendation in writing.
4. Exercise diligence when issuing your documents.
Be aware of how your documents are being used. Experts at Pro-Demnity have encountered claims on expedited projects where architects said their documents were tendered without their knowledge and before they were complete. Legal action then ensued related to design errors and omissions.
Always specify the purpose of the issuance on your title block. Stay updated with your client about tendering schedules and inform them in writing they can only tender work or obtain reliable prices from sets issued for that purpose.
Treat expedited approval processes with caution, always being aware of how any due diligence procedures and protocols which being skipped or deferred, may increase your own risk.
5. Stay vigilant during General Site Reviews.
Be aware of your professional obligations for general review under the Architects Act. Don’t limit your and your consultants’ site visits (and fees) to the minimum number needed to satisfy contractual obligations.
There is often confusion what the architect’s role is with regard to site reviews. Ensure that the scope of the site review is clear to both client and contractor. Additionally, keep track of the schedule for each architectural scope of work on site and plan your site visits accordingly.
Experience shows expedited schedules increase the likelihood of deficient or substandard work, so remain vigilant. Mock up reviews and site reviews will give you the opportunity to flag visible gaps between your design and how things are being constructed.
Make sure you and your client are in alignment about the testing and inspection scope for architectural work. Document any concerns and recommendations in writing.
Carefully prepare in advance for your site review and ensure you have all the necessary documentation and paperwork with you to be effective in this important activity. We recommend taking time-stamped photographs or videos during your site review. An image can help convey
any concerns or discrepancies that you observe. A photo or video can be “worth a 1000 words” to a court. (For more about this suggestion, read: Is your site review as good as you think?)
Conclusion
Within a fast-tracked project, be sure that the client or owner agrees with—and supports (in writing)—the appropriate amount of time you indicate is required and necessary for you to fulfil your professional role. Many residential claims happen after occupancy and relate to deficient or defective work, so it is important to be diligent in your documenting of concerns during the design and construction process.
Our goal at Pro-Demnity, as the profession’s professional liability insurer, is to protect and defend your architectural practice whenever there is a claim. As your trusted ally, we are aligned with pushing the envelope on housing, supporting the architect to manage risk, wisely, effectively, and efficiently.
Visit us at the 2024 OAA Conference and attend our educational and sponsored sessions, where you can meet our Risk Services Team, and learn more about managing, mitigating, transferring, avoiding, or accepting risks that will arise in your practice.
Unleash your creativity and rein in unnecessary risk. Listen to our podcast for edutaining Architects’ Claims Stories.
Meet the Risk Services Team.
Read the 2024 Annual Update: Reliably Protective
Visit the Pro-Demnity website, or watch informational videos on trends, risk, and claims.