Clients (owners) may require certificate of practice (CoP) holders to retain surveyors, geo-technical, or hazardous materials specialist consultants under the architectural services contract in lieu of having direct contracts with these specialist consultants to provide information about the state of what the client owns.

These requests are often stated in Requests for Proposal (RFP). Such a contractual arrangement creates an increased level of liability and risk for the holder. It may also be excluded from coverage under the holder’s Professional Liability Insurance.

On April 1, 2024, Pro-Demnity Insurance Company made policy updates related to retaining owner’s specialist consultants. This included clarification in the language to make it clear that insurance coverage does not include the “performance or engagement of geotechnical engineering services or services that constitute the practice of cadastral and professional surveying.” Therefore, the wording in the Practice Tip PT.30 needed review. In doing so, other housekeeping updates were also identified.

The revised PT.30 was reviewed by OAA Council, Pro-Demnity, and the Practice Resource Committee. The key technical updates to the document include:

• formatting adjusted, including new subtitles for added clarity;
• the term “architect” replaced by “holder” (i.e. certificate of practice holder);
• updated references to the OAA 600 and OAA 800 contracts;
• new paragraph on the architect retaining expertise;
• note about the April 1, 2024 policy update;
• discussion on client providing information about existing conditions;
• discussion on usual and customary services;
• new item 5 to address additional insurance requirements for subconsultants in the “Suggested Procedure” section; and
• new subtitle for each of the items added for clarity.

Consult the OAA’s Practice Advisory Knowledge Base, for all the latest Practice Tips or Regulatory notices, including Indexes.

Practice Advisory newsletter is developed by the OAA’s Practice Advisory Services team, which offers numerous resources for both members and the public. The OAA does not provide legal, insurance, or accounting advice.

Readers are advised to consult their own legal, accounting, or insurance representatives to obtain suitable professional advice in those regards.