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Statutes and Standards

NCARB Model Law—As previously stated, the NCARB has published Model Law, Section 10A requiring minimum CCA services which states,

(i) visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued.[2]

Many state boards have adopted the NCARB Model Law or portions thereof, and the architect should be familiar and comply with the specific requirements of the applicable state board rules and regulations.

The NCARB Model Law also includes the requirement of,

(iii) notifying an Owner and the Building Official of any code violations; changes which affect code compliance; the use of any materials, assemblies, components, or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress; or any deviations from the technical submissions which he/she identifies as constituting a hazard to the public, which he/she observes in the course of performing his/her duties.[3]

Should this portion of the Model Law be adopted by the governing state board, this additional notice will be required.

The Standard of Care—The established benchmark of practice for design professionals is the standard of care, the measure by which liability is determined in claims and lawsuits. Although it has existed since the 1800s in the United States, it was not addressed in the AIA documents until it was included with the 2007 documents revisions.

The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.[4]

Accordingly, the architect’s standard of care is generally based on the performance of other architects acting in a reasonable manner under the same conditions and circumstances. Therefore, for an architect to provide its services consistent with the standard of care, it must be aware of how services are provided in the industry under the same or similar conditions. This comes from education, apprenticeship and continuing education.

Conformance to the standard of care must be foremost in the execution of the design professional’s duties and services. For more information on the standard of care the AIA Trust has provided a white paper on the SOC as it is affected by evolving and innovative products, processes and performance standards.[5]

Statutes and Standards Discussion Summary:

  • Research adopted state jurisdiction statutes.
  • Determine if the state has adopted minimum CCA requirements.
  • Be aware of codes and standards affecting the project.
  • Conform to the standard of care.

[2] NCARB Legislative Guidelines and Model Law - Model Regulations, 2014-2015
[3] Ibid
[4] AIA Document B101-2007, Article 2.2
[5] AIA Trust White Paper: A Sustainable Standard of Care?, David A. Ericksen, Esq. 2010

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