Unlicensed architect, DuPage County Illinois
Just wondering if you noted in the article that the jury found the architect was responsible for only 10% of the incident?
Phansford, I'm liken that " responsible for only 10% of the incident" deal.
It has huge potential for me and my fellow slackers...............
and......there's the paternity suit where the father is hauled in front
of a Judge who asked the guilty party to explain himself.
Your honor, it's true I am the father of the child,
but I'm responsible for only 10% of the incident........
hmmmm...... 10% child support.......10% attorneys fees
- cousinbirgco
- Posts: 303
- Joined: Fri Aug 15, 2008 10:25 pm
There is a lot of information missing from this story. If the architect had E/O insurance, the carrier would never have taken this to a jury trial.
I like how the framing subcontractor was practical held harmless...... basically because he had no money or insurance.
The real issue I have is ..... in this day and age..... how in the hell are there areas in Texas without a building code? You would think that the State would have a building regulations depart to handle rural areas.
I like how the framing subcontractor was practical held harmless...... basically because he had no money or insurance.
The real issue I have is ..... in this day and age..... how in the hell are there areas in Texas without a building code? You would think that the State would have a building regulations depart to handle rural areas.
- phansford
- millennium club
- Posts: 1105
- Joined: Sun Apr 18, 2004 1:47 pm
- Location: SW Ohio
This is the untamed wild country
But the Illinois case shows that it does not make much difference. City inspectors can also botch an inspection.
The key to solving this problem is going to be actively educating people. In this case if any of three people had been trained and vigilant this accident would not of happened.
As I said before -I think the person actually doing the job is the first person we should make sure to be qualified. The builder though is always considered primarily responsible.
If this architect had not contracted for job inspection than I doubt he would have been found 10% liable.
In another forum someone did post a section of the standard AIA contract. It is poorly written. It will not protect anyone from this sort of liability. Anyone who contracts to go out to a job site better get used to doing a good inspection or change the wording in the contract.
But the Illinois case shows that it does not make much difference. City inspectors can also botch an inspection.
The key to solving this problem is going to be actively educating people. In this case if any of three people had been trained and vigilant this accident would not of happened.
As I said before -I think the person actually doing the job is the first person we should make sure to be qualified. The builder though is always considered primarily responsible.
If this architect had not contracted for job inspection than I doubt he would have been found 10% liable.
In another forum someone did post a section of the standard AIA contract. It is poorly written. It will not protect anyone from this sort of liability. Anyone who contracts to go out to a job site better get used to doing a good inspection or change the wording in the contract.
- csintexas
- millennium club
- Posts: 2804
- Joined: Mon Feb 06, 2006 3:12 pm
- Location: USA
The interesting comment in this thread is:
So just because the customer doesn't want to pay you more, you don't visit the site as often. Therefore, something like this passes by your watchful eye, the balcony collapses, and the customer sues you.
Is that how it works?
Because if I'm trying to protect myself from being sued, I wouldn't blame the customer's payment amount to the fact that I didn't do my job.
Is "I wasn't paid enough money" a valid defense?
I would have requested more fee and made sure I made much more frequent inspections.
So just because the customer doesn't want to pay you more, you don't visit the site as often. Therefore, something like this passes by your watchful eye, the balcony collapses, and the customer sues you.
Is that how it works?
Because if I'm trying to protect myself from being sued, I wouldn't blame the customer's payment amount to the fact that I didn't do my job.
Is "I wasn't paid enough money" a valid defense?
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Checkpoint43 - Posts: 365
- Joined: Thu Mar 22, 2007 4:28 pm
- Location: Lexington, VA
Unlicensed architects are the most serious burden on the architectural profession in the United States today. Laws that allow persons without an architectural license to make architectural decisions must be changed throughout the nation.
- WalkerARCHITECTS
- Posts: 778
- Joined: Tue Sep 25, 2007 3:12 am
- Location: BRIER WASHINGTON
WalkerARCHITECTS wrote:Unlicensed architects are the most serious burden on the architectural profession in the United States today. Laws that allow persons without an architectural license to make architectural decisions must be changed throughout the nation.
I noticed Terry has an MBA.
Very impressive.
I don't have an MBA, but I own two businesses.
Care to comment on that?
Residential Designer
and
Architect Promoter
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Checkpoint43 - Posts: 365
- Joined: Thu Mar 22, 2007 4:28 pm
- Location: Lexington, VA
Re: Unlicensed architect, DuPage County Illinois
We waited a bit to see where your business would end up. We have seen your business, not much to it and we really were not impressed. Despite plenty of argument it turns out we were right. Never-the-less you at least engaged.... for a bit. See links below.
http://www.checkpointplans.com/uploads/Checkpoint_Cabin_Commercial_0001.wmv
http://www.checkpointplans.com/uploads/Slideshow_0001.wmv
This forum has not been successful in engaging comment the way it once did.
TLW
http://www.checkpointplans.com/uploads/Checkpoint_Cabin_Commercial_0001.wmv
http://www.checkpointplans.com/uploads/Slideshow_0001.wmv
This forum has not been successful in engaging comment the way it once did.
TLW
- WalkerARCHITECTS
- Posts: 778
- Joined: Tue Sep 25, 2007 3:12 am
- Location: BRIER WASHINGTON
Re: Unlicensed architect, DuPage County Illinois
House plan services have been around for a long time. The most notable in America would be the carpenter books of Asher Benjamin and Andrew Jackson Downing.
Jack Bloodgood, FAIA decided in the 1960's that people should be able to afford a house design by an architect and he began his house plan service. The AIA immediately tried to black list and oust Mr. Bloodgood from the institute. (Reason #1 of many not to join the AIA). I would wager that 99% of the architectural profession don't even know Mr. Bloodgood and his work. And many would dismiss it since he did so much residential work, particular in the production housing market.
The business plan of Checkpoint - whether you agree or not with House Plan Services - was to provide a way for architects (and designers) a method to control the illegal copying of plans. (If memory serves me correctly). Copyright protection is clearly an issue for house plan architects/designers and seems worthy of a business solution.
However, the success or failure of any business can be affected by many factors. Residential design and construction have taken a beating since 2007 when the Great Recession began. The success or failure of Checkpoint as a business can be the result of numerous reasons, but I have to think the crash of the housing bubble is certainly something no business plan could have foreseen. I have to imagine it has slowed some start-ups.
Regardless of the reasons, I don't find any joy in the failure of anyone's business.
EDIT: Seems Checkpoint website is still active..... and the links you posted are not.
http://www.checkpointplans.com/
Jack Bloodgood, FAIA decided in the 1960's that people should be able to afford a house design by an architect and he began his house plan service. The AIA immediately tried to black list and oust Mr. Bloodgood from the institute. (Reason #1 of many not to join the AIA). I would wager that 99% of the architectural profession don't even know Mr. Bloodgood and his work. And many would dismiss it since he did so much residential work, particular in the production housing market.
The business plan of Checkpoint - whether you agree or not with House Plan Services - was to provide a way for architects (and designers) a method to control the illegal copying of plans. (If memory serves me correctly). Copyright protection is clearly an issue for house plan architects/designers and seems worthy of a business solution.
However, the success or failure of any business can be affected by many factors. Residential design and construction have taken a beating since 2007 when the Great Recession began. The success or failure of Checkpoint as a business can be the result of numerous reasons, but I have to think the crash of the housing bubble is certainly something no business plan could have foreseen. I have to imagine it has slowed some start-ups.
Regardless of the reasons, I don't find any joy in the failure of anyone's business.
EDIT: Seems Checkpoint website is still active..... and the links you posted are not.
http://www.checkpointplans.com/
- phansford
- millennium club
- Posts: 1105
- Joined: Sun Apr 18, 2004 1:47 pm
- Location: SW Ohio
Re: Unlicensed architect, DuPage County Illinois
Hi phansford,
I haven't been to the forum in a while, but I'm still alive. Thanks for the encouraging/ optomistic comment concerning my business. I hope you have been successful in yours as well.
I had to repair some of the links on my website. Thanks for noticing that.
I hope this building recession ends soon.
Good luck to us all!
I haven't been to the forum in a while, but I'm still alive. Thanks for the encouraging/ optomistic comment concerning my business. I hope you have been successful in yours as well.
I had to repair some of the links on my website. Thanks for noticing that.
I hope this building recession ends soon.
Good luck to us all!
-

Checkpoint43 - Posts: 365
- Joined: Thu Mar 22, 2007 4:28 pm
- Location: Lexington, VA
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