Our Blog
Our blog, Column and Beam, features articles from our attorneys regarding design and construction matters.
Why Should You Include a Limitation of Liability Clause and What Should The Limit Be?
The most important clause to include in your contracts for professional services is a limitation of liability clause. If you include an enforceable and well-drafted limitation of liability clause, you will substantially limit your risk on your next project. In South...
COVID 19 – Force Majeure Claims
For project architects and other design professionals who have contract administration responsibilities, claims for an increase in the project schedule or costs have started and will continue. You need to be prepared to handle these force majeure claims now. A force...
The City of Columbia, South Carolina Issues Stay-At-Home Ordinance – Impact on Construction Professionals
The City of Columbia issued a stay-at-home ordinance that will go into effect at 12:01 a.m. on Sunday, March 29, 2020. It is substantially similar to the ordinance adopted by the City of Charleston. Citizens may travel to work at a business that provides an...
City of Charleston, South Carolina Stay-At-Home Ordinance – Impact on Construction Professionals
Charleston is the first city in South Carolina to adopt a stay-at-home ordinance effective at 12:01 a.m. today, Thursday, March 26, 2020. Citizens may travel to work at a business that provides an “essential service” or may travel to conduct business with an...
COVID-19 Safety for Design Professionals
COVID-19 is disrupting lives and businesses, including those associated with construction projects. While researchers have much to learn about COVID-19, the Centers for Disease Control and Prevention says that this virus spreads between people who are in close...
Use Defined Terms Properly in Your Next Contract
Defined terms are a key component of most contracts. Yet, both design professionals and attorneys often misuse them. A defined term is simply a shorthand reference to a particular subject. For instance, in the RFP the project with which you may be involved is...
Watch out for that Snake! Avoid project risk by knowing about your project partners
We all know how this goes, we are asked to work on a project and even when we are busy, we are flattered by the request and we want to make sure we have work in the pipeline, so we accept, without a moment of due diligence. Here’s the problem with that approach. If...
Risk Flows Downhill
Your engineering company has been invited to participate as a member of a Design/Build team as a Consultant on a large infrastructure project funded by a new tax. The Design/Builder is comprised of a joint venture between a large national general contractor and a...
How to Avoid Risks When Using Project Photographs and Videos
It is common for design professionals to take photographs when on a site visit. It is usual for others on a project site to send photographs to a consultant, either for general information about project status or seeking specific input. Now, with the ability of...
Take Care When Certifying Applications for Payment
The American Institute of Architects’ Application and Certificate for Payment form G702 has been in use for over 25 years. This form serves as the contractor’s application for payment and the Architect’s certification of that request. The form is submitted to the...