Architects/Engineers and Environmental Liability

The architect and engineer industry likes to think it has protected itself by the use of certain clauses in their contracts. These clauses were developed by the American Institute of Architects and the Engineers Joint Contract Documents Committee and are an attempt to shield architects and engineers from laws and litigation for hazardous waste.

Potential Liability

Architects and engineers can find themselves liable for hazardous waste violations inadvertently. Some of the precautions that can be taken include:

Architects and enginners by sending their employees into potentially contaminated areas may have significant responsibilities, under OSHA and other regulations, to provide expensive training and protection.
Owners (in particular public owners) are requiring design firms to agree to take asbestos or other pollution abatement consulting activities under their “wings” as part of the prime A/E agreement.
Owners are asking design firms to agree in their contracts not to specify any product containing hazardous materials, which is an impossibility.
Professional Liability Insurance for A/Es hiring environmental consultants as part of an overall prime design contract is inadequate or nonexistent.
The Solution

Certainly use the contract clauses that will provide some protection for A/E professionals, but in addition there are additional steps that can be taken.

Client Education

Most clients want the A/E to absorb environmental consulting for reasons of convenience, i.e., only one invoice to pay instead of two. A/Es can educate clients about the enormous risks being transferred to the A/E merely to make some bookeeper’s life easier.

Risk Transferral

Indemnity clauses such as that in EJDC 1910 are of limited utility, depending upon the financial strength of the indemnitor and the scope of the applicable “Anti-Indemnity Statute,” but they’re better than nothing.

Proper Definition of Responsibilities

It’s the Owner’s land and building, not yours, and Owners shouldn’t be permitted to get someone else to “own” their problem. Insist on proper contractual arrangements:

Avoid engaging the environmental consultant directly. The Owner should retain and pay the consultant directly, even if you are “coordinating” the latter’s services.
All environmentally-sensitive decisions should ultimately be left to the Owner. E.g., if the Construction Documents call for the removal and transportation of hazardous materials from the site, the Owner or Contractor (and not you) should decide where to haul the stuff.
Leave means and methods to the Contractor. If you have to specify remediation in your documents, the specs should be based on performance and qualifications criteria and should not tell the contractor what to do.
General Good Practices

Do not sign any environmentally-related documents (e.g., transportation manifests).
Have any environmentally-related documents bound separately from your own.
Insist the Owner test its facility before construction begins (this is the law, anyway).
Consultants. Make sure consultants are properly qualified and adequately insured.

Related Articles

Tips to prepare for your first consultation Immigration LAW

Tips to prepare for your first consultation Immigration LAW This is part 2 of a 3-part series about seeking legal immigration advice. This post will...

Steps to becoming a real estate lawyer

Steps to becoming a real estate lawyer Although a career in real estate law may seem exciting and lucrative, there are many steps to be...

8 Tips to Find a Reliable UK Immigration Lawyer

8 Tips to Find a Reliable UK Immigration Lawyer It can be difficult to find a trustworthy UK immigration lawyer. These are our top tips...

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice Although it's possible to find the exact answer to your legal questions on the internet,...

Truck Accident Lawyers

Truck accidents are one of the most devastating events that happen to people, and when you're involved in one, you need the best legal...

What is Legal Information?

What is Legal Information? Any person who is familiar with the law can give legal information. This is different from legal advice. It's simply a...

High Conflict Divorce & Family Law

High Conflict Divorce & Family Law Alberta's legal system and judicial system have made significant progress in encouraging parties and their families to choose Alternative...

Here are some tips to help you choose the best criminal defense lawyer

If you are arrested or accused of a crime, hiring a criminal federal defense lawyer is the best decision you can make. You might...

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce Some people are eager to get back...

Follow Us

1,000FansLike
1,000FollowersFollow
1,000FollowersFollow

Boosting Your Situation With the Very Finest Maritime Law Business

It turned out to be a quiet nighttime. While many others were napping from...

Zupoo Reviews: Read them before you order!

Do you suffer from indigestion? Let's look at Zupoo Reviews to see if this...

What constitutes disability discrimination?

Discrimination against disabled persons in different areas of their lives is against the law. You...

Car Accident Liability

Car accident injuries can be devastating multi-car pileups or fender benders that result in...

What Is Negligence And How Does It Apply To Personal Injury Law?

In personal injury law, the term negligence is used to indicate that someone failed...

Your Wellness and “Beauty Master”

Despite our busy lives, most people manage to find some time to care for...

Subscribe ⇘

spot_img
error: Content is protected !!