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Construction Law Authority / Posts tagged "professional"

Design Professional Liability Legislation (Again)

For the third year in a row, the state legislature has introduced legislation to protect architects, engineers and other design professionals from claims for negligence in the performance of their professional services. In 2010 a bill passed both legislative houses but was vetoed by Governor Crist. Last year the bill did not get as far, but apparently proponents of the bill believe the third time may be the charm. Unfortunately, as in prior years this legislation is anti-consumer. Senate Bill 286, linked here, would provide that architects or engineers would no longer be personally liable for negligence arising out of their professional services. This would essentially limit people hiring these design professionals to breach of contract claims against the design professional’s business entity. This is a problem because most design contracts limit the design professional’s liability to some paltry amount that pales in comparison to the harm that comes from defective design. The steps that the...

New Year Brings Potential CCNA Change

Florida Statutes, Section 287.055, known as the Consultants' Competitive Negotiation Act ("CCNA"), provides a framework for the public procurement of professional services. Professional services are defined to include those services "within the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping". The CCNA provides that the price of the service is not a factor in the evaluation and ranking of the firms. Price may only be considered as part of the negotiation phase. Further, an agency is limited to negotiating price with one firm at a time. In other words, the only pricing that is received is from the top ranked firm, and pricing from the second ranked firm is not received unless negotiations with the first firm are formally terminated. There is a Bill pending in the Florida Legislature that would modify the above process. Specifically, Senate Bill No. 246 provides for proposed amendments to the CCNA, including...

New Year Brings Potential CCNA Change

Florida Statutes, Section 287.055, known as the Consultants' Competitive Negotiation Act ("CCNA"), provides a framework for the public procurement of professional services. Professional services are defined to include those services "within the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping". The CCNA provides that the price of the service is not a factor in the evaluation and ranking of the firms. Price may only be considered as part of the negotiation phase. Further, an agency is limited to negotiating price with one firm at a time. In other words, the only pricing that is received is from the top ranked firm, and pricing from the second ranked firm is not received unless negotiations with the first firm are formally terminated. There is a Bill pending in the Florida Legislature that would modify the above process. Specifically, Senate Bill No. 246 provides for proposed amendments to the CCNA, including...

Construction Contracting for the Owner: The Owner – Design Professional Relationship

Once the owner has decided to undertake a project they generally retain the services of a design professional. The design professional is the engineer or architect hired by the owner to be used at various points throughout the project. General discussions between the owner and design professional should include the owner’s expectations of the projects, budgets, specific materials which need to be used or special considerations about the project. In both renovations and new construction these discussions would also include aesthetic considerations.  Although all these discussions may happen, the scope of the design professional’s relationship with the owner is that which is spelled out in the contract between the owner and design professionals. An owner in retaining the design professional needs to define his expectations of the design professional, and those expectations should be reduced to a written contract. As an owner, if you want the design professional to provide contract administration then you must ask...

Construction Contracting for the Owner – Parties to a Construction Project

  This is part 1 of our series on Construction Contracting for the owner.  Once you have decided to begin a construction project, whether this project is a reroof, concrete restoration, painting, repaving or anything else, there are generally 3 main groups involved. The first of these groups is the owner. The owner is the person or entity on whose behalf the work is being done. The types of owners range from an individual, development entity, hotel, condominium association, homeowner's association or a governmental agency.  Although the owner may be using a bank to finance the construction, the owner is the party generally responsible for ensuring payment to the other 2 groups. The second group is generally the design professionals. This group consists of the engineer or architect hired by the owner to prepare any drawings or specifications for the work to be done.  In larger projects, the owner may contract with an Architect who then hires various subconsultants (geotechnical engineer, structural...