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Project Management Central!!!!

treekiller

this was going to be a thread about a very boring but lucrative topic: Contracts. But let's expand this to be the home of everything about Project Management. Hiring and firing consultants, client communications, CA, team motivation, scheduling, staffing, contracts, and more....


I've been asked to write my first contract (yipee!) but this also has me sweating bullets. My firm has used a letter contract for all our international master planning work and now one of these clients has crossed the pond. The project is big (as described elsewhere on archinect), and complex with lots of potential liability.

The deliverables would be master planning and a pre-schematic concept design package. Don't know if we have a lawyer on retainer to review our standard letter contract that would be modified with the projects specifics, or should I just convince my boss to spend the $50 for the AIA B101 & B201?


Next question - what are your standard reimbursable? I'm trying to keep it simple, but make sure we make a profit. How do you limit the number of meetings? Do I ask the client to pay the LEED registration fee or just do it out of our fee? other offices have gotten allowances for models, renderings, and presentation booklets- are these worth nickel and diming the client over?

if I get them to sign on monday, I'll get to pick my fav firms for the rest of the team!!!




 
Dec 6, 07 7:26 pm

tk, i can only help you with overall advice. since you have little experience with this and time is the essence, stick to basic and simple, aia b's. they are time proven and written for architects, whose service include ideas. i think most of the important things you are asking for is already in there.
but really, you can't possibly come up with something better than b's between now and next week.
what's $50? get five.;.)

Dec 6, 07 7:56 pm  · 
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some person

Werd.

In my opinion, AIA contracts provide the best protection to architects. If your client is willing to sign it, by all means use it! (The worst is a developer-written owner-architect contract.)

What exactly do you mean by "reimbursable?" I immediately though of copies, mileage, deliveries, etc. However, it sounds like you're asking about additional services.

You may want to consider offering a fixed fee for a defined portion of work, then attach a "menu" of other services (renderings, models, etc.) from which the client can choose. I personally think it's better to be up front with the line items with specific values - like LEED registration - rather than burying them in your fee.

Perhaps others have a different opinion, but I think it's best to show your client as much information (i.e. in a chart) as you can. If they don't want to pay what you're asking, you can have a more informed conversation with them. For instance, instead of agreeing to provide your entire scope for $1,000 less, you can simply reduce your number of meetings. (This was more effective when I was a consultant; we were able to cut specific portions of research during scope negotiations.)

Anyways, this is a good thread. I'm just a little too fried to come up with any good ideas right now.

Dec 6, 07 8:10 pm  · 
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treekiller

I'm just the go between - my boss has negotiated the amount, I'm just writing up what he 'tells' me. then I'll be responsible for the execution.

I do like the menu approach, but this is a lump-sum six month contract (even though the 'governmental approval' will take at least a year). The boss agreed to being responsible for 'governmental approval', and my ecologist has indicated that the environmental permits will take a minimum of 180 days following submittal and up to one year for approval.

So how do we write a contingency protecting us from breaching the contract with these anticipated bureaucratic delays with the EPA, NJDEP and other agencies?



another topic that has me overwhelmed is balancing between leading my project team and coordinating with the client/consultants which seems to be a full time job all by itself. when do I find time to manage the junior designers that need hand holding?

Dec 6, 07 9:38 pm  · 
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Janosh

When we indicate a delivery date in our contracts, it is always accompanied by a schedule exhibit that shows benchmarks and approximate dates for presentations. It also makes clear (usually by having the Gantt bar in red) which tasks are by the client, client held consultants, or govermental entities. Language then indicates the ordinary "the schedule attached represents the architects best estimate at the time of this writing... bullshit... contingent upon timely input from the client bullshit... not responsible for delays outside fo the architects control etc. Never ever should you include language in your contracts that agrees to liquidated damages for delayed work, and like Orhan said above, the AIA documents are the best thing ever if you aren't very savvy about contract language.

Traditionally, contracts break out the architects work (dunno about LAs) into the Scope of Work and Additional Services. The Scope of Work is done for a lump sum, Additional Services can be provided at the request of the client and reimbursed as either Time and Materials or Lump Sum. This is what DCA is talking about.

The AIA has a new contract form for LEED work - I haven't seen it but it would be good to take a look at one of the free samples. Writing a LEED services contract can be very dangerous because of all of the liability involved in these jobs - your language needs to protect you from the failings of other consultants, and must never guarantee any particular level of achievement. There's always one consultant (or the contractor) that manages to blow 1-4 points through negligence. It's important to structure your contract such that their screwups aren't on you - especially if you are taking on the thankless job of LEED coordinator.

The LEED registration costs, like the building department submittal fees are paid by the owner for all of our projects. It's too hard to get paid for normal design work in a timely way without becoming a debit card for a client.

Dec 6, 07 10:01 pm  · 
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treekiller

Janosh-

I wish I had time to create a gantt chart. I'll check out the LEED contract- your advice is excellent about not predicting a level of certification. Getting a clause about the client paying all permit and submittal fees is critical, we're possibly talking about millions on this project. Our letter contracts don't bring up liquidated damages, but that is always the kicker.

I'm starting to get into a legalese frame of mind!

Dec 6, 07 10:19 pm  · 
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i'm really glad that i requested that i not have to deal with contracts anymore.

certainly use the aia docs but, as far as determining compensation, have someone else - independently - look over any estimates you calculate regarding time and cost that you expect for your office's work and that of your consultants. - you will miss something. -you don't want to be the only one in the office to have considered the scope of the job.

usually it's better to invite the consultants in advance of the contract with the owner so that you can get a proposal from them and know what their participation will cost. if your structural engineer is 70% of your fee, i predict things will not go well... if, however, your fee is free and clear of theirs, i.e., they're separately contracted to the owner, that can work out for you.

Dec 7, 07 6:38 am  · 
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nonarchitect

The most important thing is to cover your ass in worst case scenarios. Think of ALL the mistakes, mishaps, and miscommunications that may happen. State your level of involvement for each job function you have to perform: e.g: Architects will do all DOB paperwork, but will not be responsible for any administrative expenses i.e. expediting ( unless of course you have your own expediter..) Contracts are much trickier in smaller developments because there is no budget for it. My advice is to get a standard document and look over it very carefully and modify to your advantage...yes, developers will always dodge as much of responsibilities and liabilities as possible...you must be able to stand your ground.

Dec 7, 07 10:30 am  · 
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brian buchalski

i suggest setting up an offshore limited liability corporation specifically for this project. i know some lawyers down here who could probably help you out with that...for a modest fee, of course.

Dec 7, 07 11:40 am  · 
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I project management

Dec 7, 07 12:39 pm  · 
 · 

not advocating, old fogey, but there are some situations where it can work out well. situations, for instance, in which the structural component of the project might be significantly bigger than the architectural, maybe. i don't know the character of treekiller's project, but if he's going for an arup-level s.e., there's the potential for something like that.

Dec 7, 07 12:53 pm  · 
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b3tadine[sutures]

i don't know if i'd like the structural consultant having a contract with the owner/client either, i need them to answer to me and the design first, instead of going around me and saying to the owner; well we could have done it this way, but your architect wanted this instead - uh, dick why didn't you tell me that??

Dec 8, 07 5:35 am  · 
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treekiller

We sent a the new contract to the owner last night; maybe it will be signed monday when I visit them. We stuck with a letter format because the nature of the relationship has been shaped by my boss knowing these folks for 20 years. We did state that 'schematic design through CA services would be under a separate contract (using AIA documents)', so that should cover some of the issues. We also clearly stated that all consultants but surveyor, environmental cleanup, and lawyers would be retained through us.

I don't think this contract signing saga is over yet...

Dec 8, 07 10:42 am  · 
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Sarah Hamilton

So I just completed my first official BSing on a phone call. Let me know how I did please.

Contractor needs copies of the Complete Permit/Construction Set to give to sub-contractors, I assume. We have provided him with copies to go to the client and the City. First he asks us to PDF the whole set, send it to the Civil, who he is using to print documents, and we comply. I scan in THE WHOLE SET, convert the TIFFs to PDF, and send them on their way. The Civil then calls me to tell me they can't print them, I can't remember why, but something about their machines, not our files. Contractor calls me and asks for us to send ACAD files of the WHOLE SET to the Civil. This is where the BSing comes in. I tell him that our Consultants won't release the ACAD drawings due to liability/liscensing issues, and that we won't either. I tell him that if changes were made to the drawings, that the consultants would still be held liable even though they didn't do the changes, or that he could turn around and sell the documents, and we would be in trouble. He got frustrated, and after clarifying that he wasn't fussing at me (its nice being a girl sometimes), he said he had never worked with an Architect that wouldn't release the drawings.

So just how off was I?

Dec 13, 07 12:30 pm  · 
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wurdan freo

Why don't you want to release the drawings?

Make the contractor sign an indemnification form and remove your logos, etc from the drawings. I've seen this in spec's before and a charge per dwg.

Dec 13, 07 1:14 pm  · 
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treekiller

you did right. by standard aia doc's contractor must purchase own set. if that's not enough, they can purchase more. Shop drawings should never be based on your cad files but started from scratch.

removing the logo is a violation of your copyright. you own the drawings. they don't.

Dec 13, 07 1:44 pm  · 
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emaze

Sarah,

Do you (or firm) send out drawings to (reputable) print shop, and then the contractor pays for all of this? Then the general, subs or whoever, come by the print shop, ask for 2 sets (or whatever), the print shop calls arch, eng, or mech, "can we release these drawings to 'large wood framing co.' they claim to need them" (and they pay the print shop)? I don't think there's any way we would release pure acad/bim files to the contractor, even if it was a professional courtesy to the eng...

Dec 13, 07 1:58 pm  · 
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Sarah Hamilton

We sent him 1 bound set, and 1 unbound set just for him, to do as he pleased. Guess he expected much more.

Dec 13, 07 4:24 pm  · 
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treekiller

Sarah- that was a waste of your firms money. Start using a plan service like emaze suggested. its not to late. Architects should never print or supply drawings to third parties without compensation for reproduction/handling costs.

There is an new AIA document for providing digital fabrication files:

C106™–2007 Digital Data Licensing Agreement
C106–2007 serves as a licensing agreement between two parties who otherwise have no existing licensing agreement for the use and transmission of digital data, including instruments of service. C106–2007 defines digital data as information, communications, drawings, or designs created or stored for a specific project in digital form. C106–2007 allows one party to (1) grant another party a limited non-exclusive license to use digital data on a specific project, (2) set forth procedures for transmitting the digital data, and (3) place restrictions on the license granted. In addition, C106–2007 allows the party transmitting digital data to collect a licensing fee for the recipient’s use of the digital data.

I got to fill out my first AIA doc today: G601 wohooo - maybe we'll finally get a survey! damn AIA bookshop didn't give me the first page so I printed it from my sample set and used tons of whiteout. Always check what they give you when you buy hard copies and remember that aia members get discounts!

Dec 13, 07 6:52 pm  · 
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does anyone else here have IPMA or PMI registration? I have found this to be most useful particularly since the former has now alighned itself with the RIBA and CAA (covering all architectural associations in the ACP & Australia/NZ)

I ask.... does anyone use FIDIC? (don't its a waste...and written for engineering projects mostly) How about the EU/ EDF 9 standard works contract.... makes a great basis for small practices engaging larger work.... I have a few JIA contracts too that are based on 1985 AIA/Florida works contract (value 100 - 500k) which is very well written. And I have my company contract - c|spora, which is for intermediate works.

Just thought I would share.

Dec 14, 07 9:51 am  · 
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treekiller

Hmmm, no clue on what IPMA, PMI o FIDIC are. sorry...



Today's tasks are finishing writing the RFPs for traffic, civil and other services required to the entitlement process, and creating the project team org chart.

So any suggestions on how to best organize a project team to streamline communication and help profitability? Right now I'm the spider siting at the center of the web with everything going through me. the exception is the PA will coordinate with our executive architect partner and our design team. all consultant and client communication is through moi. the principals are off to the side, except to negotiate fees...

Dec 14, 07 12:21 pm  · 
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treekiller

integrated design
Dec 14, 07 12:23 pm  · 
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treekiller
Dec 14, 07 2:23 pm  · 
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if someone's not in the middle, tk, i don't think it's gonna work. i think that's why archs always look so frazzled.

Dec 14, 07 2:33 pm  · 
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treekiller

so that explains my going bald and gray (or was the graduate school?).

Dec 14, 07 2:45 pm  · 
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Ms Beary

SW, arch's ARE in the middle, but it doesn't seem like our fee covers project mangagement (middle), just "drafter", hence my usual frustrations.

Dec 15, 07 12:14 pm  · 
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IPMA

- International Project Management Association
PMI - Project Management Institute
FIDIC - International Federation of Consulting Engineers
EDF - European Development Fund

Dec 15, 07 12:36 pm  · 
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Philarch

Actually, in different phases of the project, wouldn't someone different be in the middle? Architect at SD, DD, and CD depending on the project but someone else at different phases?

Dec 15, 07 3:02 pm  · 
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the ball does seem to pass from client to designer to cm/contractor and then back to owner with most project delivery methods.

Dec 15, 07 4:52 pm  · 
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treekiller

*bump*

Today I'm tackling a work plan for the Environmental Impact Statement and all the other regulatory stuff we need to go through for entitlement. Anybody have much experience pulling together an EIS?

It seems that most of the parts get written by the consultants and the architect is left to submit a few flashing renderings/model pics of the project....

any thoughts?

Jan 11, 08 10:36 am  · 
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treekiller

**bump**

Subject du jour - PM Software!!!

Between MS Project and Primavera is there a clear winner? What do folks use for scheduling tasks and tracking progress?


(I love trying to do a gantt chart in excel)

May 5, 08 12:16 pm  · 
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le bossman

isn't primavera tough to use? i took some scheduling classes in grad school and found critical paths to be an entire discipline unto themselves.

May 5, 08 3:07 pm  · 
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mantaray

Our office will be implementing ArchiOffice soon; to me it has always seemed the most promising, so I'm excited. I'll keep you posted.

May 5, 08 3:28 pm  · 
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treekiller

if I was starting an office accounting system from scratch ArchiOffice looks great. (Deltek Vision also seems to work well as a time card/accounting system). But I'm just trying to schedule, coordinate, and track a dozen consultants for a project. ArchiOffice seems to focus on the internal work load or does it?

May 5, 08 3:43 pm  · 
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toasteroven

bumping this thread - manta - what are your experiences so far with archioffice?

also - I was wondering if anyone had any advice/experiences on getting PM mentoring outside of one's office. Our local AIA has a mentoring program, but they are having trouble finding enough mentors. I was wondering if anyone knew of alternative ways of finding a mentor.

May 13, 09 10:57 am  · 
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treekiller

PSMJ has their 'Bootcamp' course that seems very thorough. Have you asked the local contractors if they have PMs willing to partake in mentoring architects? Also ask the local business schools.

May 13, 09 1:13 pm  · 
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toasteroven

tk - thanks for the info. the bootcamp isn't in my area this year, but I'll check with them to see if there's anything else they offer - do you know anyone who's been through that training?

Do you really think business schools would be able to hook me up with a mentor? It might be worth a shot.

I've been meeting with a landscape architect friend of mine for a few years now - we compare notes and stories with each other... it's great to check in regularly with someone who's at a similar level, but since I'm not in landscape, there are some things we deal with that are very different.

Usually I get pretty good advice from the more senior people I work with, but sometimes I really need someone outside the office to offer guidance - especially someone with good management skills and a lot of experience.

anyway - thanks again!

May 13, 09 6:43 pm  · 
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blah

Have you looked on the cd-rom that comes with AIA Ethics Guide version for students?

They have locked copies of many contracts. And a line-by-line commentary.

Jan 6, 10 6:28 pm  · 
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blah

The one I have is old too

Jan 6, 10 7:11 pm  · 
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