Making the Most of Opportunities

As many of you may know, I have moved away from Denver. This is my last official blog post as an AIA Colorado Emerging Professional. Three months ago, I was presented with an opportunity to move to DC with my firm. It was one of those instances where the stars couldn’t have aligned better had I tried to plan it myself. If you know me, then you know I do try to plan it myself. In letting opportunity guide my path and watching this unfold, I have now identified key lessons for those of you that might be making a big transition yourself.

  • Opportunity may come knocking but that still doesn’t mean you sit back and relax. As a part of the move I had to research what salaries were in DC, what the cost of living increase is and if it was even going to be possible to maintain the lifestyle I had come to love in Denver. As they say, where there is a will there is a way. You need to put in the leg work, ask the questions and take action. You are your own best advocate. My move happened rather quickly, but it was because I had prepared along the way and knew what I was hoping to get out of the opportunity.
  • Once you move, life can be a bit daunting. You don’t have your regular friends, you may or may not move to be closer to family. In my case, it is the exact same distance as before (12 hours) but in the opposite direction. Social media is a beautiful thing and when used for a move, can open doors you didn’t know existed. Upon the announcement of my move, I reached out to junior high friends, high school friends, undergrad friends, grad school friends, conference friends and professional friends. Once again, this proved to me that networking and maintaining relationships is one of the most important things you can do. In many cases, I haven’t talked to these people in years. But it is amazing how meeting up with an old undergraduate architectural school friend in an unknown place can make it feel a little more comfortable.
    • TIP: When you hear from someone or are connected to someone else and say “let’s get together”, follow through! It will make your new place feel a little more like home.
  • For me, being involved and having a community is what drives me. I knew that in moving, I would have the opportunity to start over on my commitments, broaden my horizons and embrace new experiences. I also knew it meant leaving what was comfortable. So I brainstormed what was comfortable and found a group of University of Illinois Alumni called the DC Illini. They happened to have a volunteer opportunity at the DC Central Kitchen, a community kitchen engaged in food recycling and meal distribution programs. I wasn’t sure if I would meet anyone, if these alumni would be my age or what, but I figured this was a great way to get involved in the DC community and become a little more comfortable with being uncomfortable. It was only a 3-hour commitment. It was an amazing experience for a really amazing organization. And I met a few women who had graduated around the time I did who happen to work down the street.IMG_0216
  • Just say yes! My current roommates, who happen to be my Denver roommate’s parents, were having a dinner party on Monday evening. They invited me because the crowd was going to be fellow coworkers who were around my age. I went and made some connections with people doing different things than me. What’s funny is they all come from the volunteer and non-profit world. (Side note: They were throwing around acronyms and I gained a little insight into what it must feel like for non-architects to be around a group of architects.) I met a woman who is using design strategy to find solutions to poverty and marginalization in international communities. She was curious about my work as a trained designer and how that could potentially influence the work that they do.

Moving across the country, moving to a new company or going back to school are big changes for anyone. I have had a few opportunities to start new chapters in my life and it is through each start that I get a little more comfortable with the unknowns of new places and new people. But the key is to really build on the connections you have from previous chapters. Keeping all options on the table gives you the chance to create the new life you want to live.

With that, I close a Denver chapter and will hold dear the relationships and networks I built in Colorado. I already miss the architectural community and the EPs that I worked day in and day out to advance the architectural profession.

Thanks for the opportunity to guide this blog and become a leader among a group of such great leaders.

Best, Korey

AIA Denver Roundtable – Sign Up Now to have your voice heard!

As the Outreach Coordinator for the AIA Denver this year, I wanted to share a unique opportunity to help shape the AIA Denver’s 2017 agenda re: issues and initiatives that might benefit Denver’s collective A&D community.
As an AIA member, please consider signing up for our first AIA Denver member roundtable on April 11th from 4-6pm to share your important and unique voice as well as to learn about opportunities to become more involved re: issues of advocacy that directly impact our practice and Denver’s evolving built environment:
Thank you for your time and consideration!  Hope to see a wide cross-section of Denver’s firms and voices at this important event.

Out west, near Hawtch-Hawtch

Out west, near Hawtch-Hawtch,
there’s a Hawtch-Hawtcher Bee-Watcher.
His job is to watch …
is to keep both his eyes on the lazy town bee.
A bee that is watched will work harder, you see.
Well…he watched and he watched.
But, in spite of his watch,
that bee didn’t work any harder. Not mawtch.
So then somebody said,

hbqrpe6s_400x400 “Our old bee-watching man
just isn’t bee-watching as hard as he can.

 He ought to be watched by another Hawtch-Hawtcher.
The thing that we need
is a Bee-Watcher-Watcher.

-Dr. Suess

With my thanks (and apologies) to Dr. Suess, the Bee-Watcher always comes to mind when defending claims alleging negligent supervision and inspection against design professionals.

A recent case from the Court of Appeals in Mississippi provides guidance as to the liability of design professionals for supervision and inspection obligations beyond those assumed in their contract.  In McKEAN, v. YATES ENGINEERING CORPORATION, an engineer was sued from injuries that resulted from scaffolding failure during the construction of a medical center.

The engineer was to provide design drawings for the scaffolding and second-story form work. The plan provided was fundamentally flawed. Even though the plan was effectively impossible to follow, the contractor had no comments or questions about the design and it ignored essential features of the scaffolding design.

After the scaffolding collapsed, the plaintiffs claimed the engineering firm was “negligent in inspecting the scaffold[ing] and failed and/or refused to correct known deficiencies and defects in the construction [that] made it dangerous to use prior to the subject incident.” The engineer, however, did not have that duty under its contract.

Plaintiffs claimed the engineer negligently failed to inspect the scaffolding before concrete was poured. However, there was no contractual duty on the engineer to do so. For this reason, the Court examined the circumstances when a design professional’s supervisory powers go beyond the provisions of a contract.  It enumerated seven factors that it believed should be considered in determining whether there was such a duty. These were: (1) actual supervision and control of the work; (2) retention of the right to supervise and control; (3) constant participation in ongoing activities at the construction site; (4) supervision and coordination of subcontractors; (5) assumption of responsibilities for safety practices; (6) authority to issue change orders; and (7) the right to stop the work. The Court found that the evidence did not support the conclusion that engineer had a duty to inspect the scaffolding.

We frequently see similar claims of failure to observe, inspect, or supervise asserted against architects as well as engineers.

This case provides a cautionary tale and useful guidelines to design professionals about the risks of assuming obligations not contained in their contract.

If a design professional performs supervisory and inspection tasks, notwithstanding the limited scope of its contract, courts may find the design professional ‘assumed a duty of safety’ which may leave it liable for damages notwithstanding any understanding to the contrary.

Casey Quillen’s firm is a member of the AIATrust Legal Network providing full legal service to design professionals throughout Colorado.  Ruebel & Quillen, LLC now has an office in Steamboat Springs, CO to better serve firms West of the Continental Divide.

The Importance of What We Do

aalto-4Many of the conversations architects have with other architects are about our value. We know what we do is valuable and we know why we do it. It seems our recurring problem as an architectural profession and one we can’t seem to answer is “how do we get the public to understand why the work we do is so important?”

To increase the perceived value of architecture, increases the wellness, health, safety and equity within our communities and cities. But yet, we are a small profession (relative to law and medicine) and it is often difficult to share how architecture makes an impact.

Last week I visited the Alvar Aalto Library at Mount Angel Monastery outside of Portland, OR. We happened upon a monk whom was waiting to give a group a tour, but apparently hadn’t shown up. It was clear this monk thoroughly enjoyed giving tours of this beautiful building and was happy to do so for a group of architects that just happened to walk through the door.

What struck me most, outside of the architecture, was how appreciative this monk, who was not formally trained in architecture, was of this building. He expressed some of the design intent behind painting the roof orange (to change the color of the northern light entering the building) or how Aalto compressed the entrance only to release the visitor into the soul of the library. I wasn’t sure whether or not to attribute his depth of knowledge to a pure love of architecture or the fact that he spends day after day reading (presumably anything but more specifically architectural books) honoring his vow of silence.

It became clear by the end of this trip, that architects cannot be solely responsible for spreading the message of why architecture is valuable to our society and has an impact on many societal issues we face. Similarly, this was clear when the monk took out a coin from the rare collection dated 36 AD and told us researchers had tested and believed this to be a coin owned by Pontius Pilate. None of us on the tour were Catholic, but understood the weight of who once owned this coin and the impact that has had on world history. Clearly there have been powerful messengers of Catholicism.

After passing around the coin, this very jovial monk said very solemnly “What you all do as architects has never been more necessary and has never been less appreciated.” I took this as a charge to go back to my desk and figure out how to best equip those around me to speak about the power and importance of architecture. This isn’t about gaining more clients or building the next iconic museum. The very core of what we do is to create a better built environment for all of those living in it.

I challenge you, whether you are an architect or a friend/family of an architect to talk with someone about how our buildings affect our lives. Once we all become messengers, we have a better opportunity to build great places for all.

Emerging Copyright Case

shutterstock_159358187The Architectural Works Copyright Protection Act provides protection to original designs of architecture in virtually any form, including architectural plans, drawings and buildings.  These designs have historically been treated as intellectual property belonging to the design firm that created it.

The concept that the design professional retains this right is plainly stated in standard form contracts such as those published by the American Institute of Architects (AIA) and the Engineers Joint Contract Documents Committee.

The standard AIA provision provides that the drawings are “Instruments of Service” and the license to use them can be withheld by the Architect in the event of a dispute between the Owner and Architect.

There have been a number of cases in which an architect’s drawings were used to complete a project when the original project developer transferred the project. In several of these situations, the original architect successfully sued the new developer for the unauthorized use of his design documents.  A recent decision from an Ohio court bolstered this principle and extended the risk of copyright infringement to the contractor and subcontractors.

In Eberhard Architects v. Bogart Architecture, an architect terminated the owner’s use license after failure to pay.  The architect also notified the contractor and subcontractors that the license to use the drawings had been terminated.  The architect sued the owner for breach of contract (due to non-payment), and also the contractor and subcontractor for copyright infringement (for continuation of work utilizing the Architect’s plans). The court held that the contractor and subcontractors could be liable for copyright infringement by continuing to work on the project.

The plain language of the AIA contract was paramount to the architect’s success.

By way of contrast, the provisions of the Construction Owners Association of America (COAA) contract form grant the owner of the project all rights to any “documents or electronic media prepared by or on behalf of the professional for the project.”  Such a clause effectively releases the design professional’s intellectual property rights irrespective of the Architectural Works Copyright Protection Act.

Although Eberhard may have little impact on Colorado design professionals, it is an excellent illustration of the importance that all construction professionals must analyze and understand the project contracts and educate themselves on the risks involved – whether those risks be waiver of intellectual property rights or potential liability for copyright infringement.

Casey Quillen is a member of the AIATrust Legal Network providing full legal service to design professionals throughout Colorado.