Synopses of AIA Trust Papers & Reports
As a risk management resource for AIA Members, the AIA Trust develops white papers on topics of critical and evolving risks for architects. Some of these risks you may be aware of—and some may never have crossed your mind. Either way, it’s important to be able to recognize them so you can at best avoid them and at the least, manage them effectively.
Don’t have time to read the white paper? Read the synopses first to find out important facts – and consult the full reports for more details as needed.
ADA & FHA
The Clear Intentions & Gray Areas of Accessibility
A synopsis of the AIA Trust white paper, Disability, Accessibility & Liability: What an Architect Should Know, providing an overview of ADA and FHA violations that architects can be sued for, identifying pitfalls and preventative measures to avoid or address a lawsuit. Click here for the synopsis.
BIM
Live Long and Prosper
A synopsis of the AIA Trust white paper, BIM Me Up, Scotty: Navigating Risk in Digital Practice –newly updated in 2021–exploring BIM as a central platform for services delivery and including examples of a protocol manual, contractor agreement and execution checklist. Click here for the synopsis.
Breweries
Designing for Hedonism: AIA Trust Guide to Brewery Design
A synopsis of The AIA Trust Guide to Brewery Design, a report designed to help architects address some of the regulations, specialized requirements, and risks associated with designing a craft brewery, often different than those of larger commercial breweries. Click here for the synopsis.
CCA
Don’t Shoot Me, I’m Only the Architect
A synopsis of the AIA Trust white paper, Bulletproof Contract Administration: Managing Risk During Construction, offering a useful approach to CCA activities and documentation, outlining activities and documentation, including sample checklists to improve risk exposure. Click here for the synopsis.
Condominium Risks
If You Build it, They Will Sue
A synopsis of the AIA Trust white paper, If You Build it, They Will Sue – A White Paper on Condominium Projects, providing an overview of potential future claims, lawsuits and liability to along with important steps to proactively address concerns and mitigate risk. Click here for the synopsis.
Contractor Terminations
Hasta la Vista, Baby
A synopsis of the AIA Trust white paper, Contractor Termination Lawsuits: The Architect’s Risks and How to Avoid Them, helping to identify the parties that sue architects and their rationale to help lessen risk, avoid liability and limit exposure. Click here for the synopsis.
Cyber Attacks
Cyber Threats Are Real
A synopsis of the AIA Trust risk report, The Threat is Real: Cyber Attacks Against Architectural Firms, about the cyber threats posed to architectural firms, and how the security measures that all firms should consider to protect themselves. Click here for the synopsis.
Design/Build Teams
What’s a Nice Contractor Like You Doing in a Place Like This?
A synopsis of the AIA Trust white paper, To Have and to Hold, in Sickness and in Health – Strategies for Managing Risk on Design/Build Teams, exploring the risks associated with participating on a design-build team to better understand, assess, and manage them. Click here for the synopsis.
Documentation
Beat the Rap – Exonerate Yourself with Effective Documentation
A synopsis of the AIA Trust white paper, Guilty Until Proven Innocent: Claims Defense Documentation, covering the ground rules for documentation, including requirements of all parties and meetings, checklists, and document retention and retrieval protocols. Click here for the synopsis.
Electronic Data
Discovering Your Electronic Data
A synopsis of the AIA Trust white paper, The ABC’s of E-Data, A Discussion Related to the Issues Raised by Electronic Information, providing an overview of the types of electronic data and important liability issues related to the rules of discovery, including the handling of Metadata and steps to help ensure appropriate management of e-data to minimize risk. Click here for the synopsis.
Ethics
Professional Ethics: Balancing Obligations
A synopsis of the AIA Trust white paper, LeMessurier Stands Tall: A Case Study in Professional Ethics, emphasizing ethical duties as told through a structural engineer’s story, with particular attention to public safety. Click here for the synopsis.
Fiduciary Duty
You’ve Got the Wrong Idea about Our Relationship
A synopsis of the AIA Trust white paper, Undertaking A “Fiduciary Duty”: Crucial Legal & Professional Considerations for Architects, outlining how to avoid the “fiduciary” label, especially at the contracting stage, thereby avoiding lawsuits for this potentially dangerous claim. Click here for the synopsis.
Green Design
Green Design – What Can Go Wrong
A synopsis of the AIA Trust paper, Green Design: What Can Go Wrong?, discusses the potential impact of the green design movement on the architect’s standard of care, exploring new risks and legal theories along with case studies illustrating risks and suggests appropriate risk management tools. Click here for the synopsis.
Marijuana
Designing for Hedonism: AIA Trust Guide to Marijuana Facilities Design
A synopsis of The AIA Trust Guide to Marijuana Facilities Design examines some of the necessary considerations for consumer safety and code provisions while reviewing some of the current and potential legal risks that a design professional may face with conflicting and uncertain state and federal legal requirements. Click here for the synopsis.
In addition, click here to read: Evolving Issues and click here to read: The Dilemma of Marijuana Legality.
Ownership Transition
The End Game
A synopsis of the AIA Trust white paper, Selling, Merging, Or Closing Your Practice? outlining the myriad of financial and personnel considerations and consequences to guide the most suitable course of action for transitioning firm ownership. Click here for the synopsis.
Privity
I’m Responsible for Them?
A synopsis of the AIA Trust white paper, Strangers No More? Trends in the Architect’s No Privity Defense exploring expanded causes of action even without privity of contract, the status of the privity defense law for architects, and practical considerations to reduce risk. Click here for the synopsis.
Payment Issues
Getting Paid Without Getting Sued
A synopsis of the AIA Trust white paper, The Collections-Claim Connection: Getting Paid Without Getting Sued, discussing how payment issues warn of potential future claims, identifying strategies for collection, funding, and client education, highlighting the importance of the contract and client selection. Click here for the synopsis.
Standard of Care
A Sustainable Standard of Care?
A synopsis of the AIA Trust white paper, A Sustainable Standard of Care? Managing Evolving & Innovative Products, Processes & Performance Standards in Design Delivery, offering an overview of the challenges presented by technological advancement, increased expectations and potential for failure, with a framework to analyze the situation and tools to manage related risks proactively. Click here for the synopsis.
Substitutions
The Perils of Substitutions
A synopsis of the report, The Perils of Substitutions, explores the architect’s role when others try to change the project scope without needed proof of product performance to achieve desired cost savings. The report explores the ways to manage these requests and minimize your risks. Click here for the synopsis.
Virtual Practice
AIA Trust Guide to Virtual Practice 
A synopsis of The AIA Trust Guide to Virtual Practice, a treasure-trove of invaluable pointers and considerations for this burgeoning approach to architectural practice, including a checklist of questions to explore. The Risk Management Guide summarizes some of these requirements to consider when starting or working in a virtual practice; click here for the synopsis.
