Markle Branch Library of Huntington – City Township Public Library – krM Architecture+

Once again, we’re proud to see several of our clients on the list of winners at the AIA Indiana Excellence in Architecture Awards.

AXIS Architecture + Interiors

Honor Award – New Building – (Project cost greater than $5 million)

Project Name:  Cummins LiveWell Center

Jury Comments:

The jury felt this project achieved a rich and simple elegance in both plan organization and exterior lines. We commend the connectivity between the indoor and outdoor environments, the palliative interiors, and use of calming tones and textures. The architectural team’s design response achieved the goal of challenging the stereotypical doctor’s office and exemplifies a holistic integration of architecture, building systems, function and site design.

Honor Award – Renovation / Addition

Project Name: Jarden Home Brands

Jury Comments:

This project creates a work environment successfully designed to foster collaboration and innovation. The design translates well from the initial concept sketches to the three-dimensional outcome with areas defined by varied use of color, texture, and architectural elements. Open collaborative workspace is balanced with quiet space for focused work. A courtyard and skylights enhance the experience for a seemingly large floor plate, bringing daylight to interior spaces. The client’s products are artfully integrated into the design in light fixtures and an art installation that serves a hallmark of the design.

Merit Award – Interior / Retrofit

Project Name: Business Furniture Corporation Office + Warehouse

Jury Comments:

The jury was particularly impressed with the design team’s expression of scale through forms, layers and textures. Marked attention was given to the importance of ceiling planes to define a space. The project clearly articulates a dynamic and collaborative work environment but also showcases the client’s passion for its product through its integration with the design.

Design Excellence

Project Name: Cummins LiveWell Center

Jury Comments:

The Cummins LiveWell Center garnered the jury’s unanimous support for the Design Excellence award. The beautifully proportioned, elegant building goes beyond ordinary expectations. The building’s transparency offers abundant, but managed views, to the mission within. The low-scale, “E” shaped building introduces daylight and affords occupants with views to the outdoors at every turn. Views to gardens in the courtyards and the landscape beyond support our biophilic connection to nature and embodies evidence-based, restorative concepts that support healing and wellness. Beautifully executed and well done.

 

arcDESIGN

Merit Award – Historic Restoration

Project Name: Indiana State University – Normal Hall

Jury Comments:

A respectful revival of a building allowed to badly deteriorated over time, and a commitment from the University to the future by restoring this oldest surviving building on-campus. The Jury admired that the design team studied archival photos to reproduce furniture and replace lost materials. The Jury applauds the restoration of the historic stained-glass dome as a centerpiece to celebrate this building. The addition articulates clearly the differentiation of new vs old building with a design reflective of its time, respectful of historic while clearly of a new century, and doesn’t compete but is compatible with original scale and materials. The outcome reflects patience with the process of restoring an old building where unexpected surprises were revealed through careful removal process. Congratulations – well-done!

Continue reading “ProNet Clients Among 2017 AIA Indiana Award Winners”

Each year, we partner with the AIA to present two $5,000 awards to architecture students who demonstrate a particular interest in the principles of management in architecture practice. We’re proud to announce that the following students have won the 2017 David W. Lakamp a/e ProNet Scholarship:

Emmanuel Cofie always had an eye for art and design. This desire led him to obtain a B.S. in Architecture from Florida A&M University (FAMU) in 2007. Subsequently, he landed a full-time position at an architecture firm in Florida. The job exposed him to team collaboration, the risks involved with poor communication, and the means by which stakeholders, with different interests, mitigate issues. Wanting a more technical education, Cofie enrolled in FAMU’s Construction Engineering Technology Program and completed the degree in 2016 with knowledge of how to plan out projects to suit the owner and minimize financial loss. While enrolled, he went on a missionary trip to Peru where he saw the effects of inequality and forced urbanization first-hand. It’s apparent that such education will be needed for a future design professional to solve such complex issues. This experience further strengthened his desire to study architecture at the graduate level. Cofie will start a two-year Master of Architecture (M.Arch) degree at the University of Michigan this fall.

Emily Wirt, NCIDQ, LEED GA, completed her Bachelor of Fine Arts with an emphasis in Interior Design from the University of Georgia in 2012.  She is currently a first-year Master of Architecture candidate at the Georgia Institute of Technology.  She is an active member of Georgia Tech’s American Institute of Architecture Students and Women in Architecture chapters.  Prior to her graduate studies, Wirt worked as a commercial interior designer for four years in Atlanta and Shreveport, LA, primarily in the corporate design and healthcare sectors.  Her design work at smaller local firms provided opportunities to manage design projects with sustainability and risk assessment at the forefront.  She served as the main point of contact during the contract administration phases of several larger projects, and during this role, she learned the importance of clear communication between contractors, clients, and the design team to ensure a successful and cohesive project.  To further her professional standing and commitment to sustainable management, she has also obtained her National Council for Interior Design Qualification (NCIDQ) certification and LEED Green Associate accreditation. In her graduate studies, Wirt strives to further her studies of innovative technologies in sustainable design in regards to risk assessment.

“The scholarship applicants this year demonstrated strengths in diversified areas within the submission requirements that made it challenging to select our winners. The scholarship winners however, stood out among the rest because not only did their essays address the practice management topic in an articulate to-the-point manner, but also the suggested solutions demonstrated clear understanding of best practices such as peer reviews and the value of accountability, where risk is reasonably managed and future potential liabilities mitigated and the value of communication that includes in person interactions. In addition to the essay responses, the jury found the letters of recommendation to be strong while the experiences documented in their resumes indicated a conscious initiative to be educated in the business aspect of architecture while at the same time having strong design firm experience.” You can read the full AIA Press Release here.

This year, the essay prompt revolved around overseas collaboration. Excerpts of the winners’ responses can be found here.

Started in 1990, the scholarship was renamed in 1999 for David W. Lakamp. Mr. Lakamp was a founder of a/e ProNet and a trusted advisor to the profession. He left behind a legacy of professionalism and integrity that set new standards in the field of insurance services. The jury for the 2017 David W. Lakamp a/e ProNet Scholarship includes: Thomas G. Coghlan, A. Lira Luis, AIA, Matthew Shoor, AIA, and Muriel Watkins. Read more about our scholarship programs for architects and engineers, including a list of past winners, on the a/e ProNet website.

On April 27, 2017, Governor Jerry Brown signed Senate Bill 496 (“SB-496”) into law. SB-496 will significantly lessen the burden of indemnity provisions and the dreaded immediate duty to defend in both public and private contracts with design professionals. Efforts to obtain passage began several years ago and were spearheaded by the hard work of the American Council of Civil Engineering Companies, California Chapter (“ACEC-CA”) with the support of American Institute of Architects, California Chapter (“AIA-CA”), as well as member firms. Collins Collins Muir + Stewart LLP was involved with both ACEC-CA and AIA-CA in assisting with pushing the bill through.

Authored by state Senator Anthony Canella (R-Ceres), SB-496 significantly expands Civil Code section 2782.8 protections to add private contracts entered into by design professionals after January 1, 2018. Importantly, SB-496 limits the “duty to defend” to the comparative fault of the professional which puts both private contracts and public contracts on equal footing.

What does this mean in practical terms?

For all private contracts entered into by a design professional prior to January 1, 2018 (meaning those contracts without the protections of SB-496) that contain a provision obligating the design professional to indemnify and/or defend their client, the design professional could be on the hook for all of their client’s attorneys’ fees and costs by virtue of being sued, even if the design professional was ultimately found not to be at fault. For private and public contracts entered into after January 1, 2018, with the protections of SB-496, if the design professional is found to be 25% at fault, then the law provides that they would only be liable for 25% of the fees and costs of a party seeking contractual indemnity and defense reimbursement. If found 0% at fault, they would not be responsible for any of their client’s attorneys’ fees or costs.

Currently, there is no way to insure to cover the costs and exposure created by an immediate “duty to defend” provision because, though professional liability insurance is available to design professionals, it only covers damages that result from a design professional’s negligence. This bill is a fair compromise because it protects against the design professional’s uninsurable first-dollar defense indemnity obligation while allowing a client the ability to recover those costs and fees tied directly to the percentage of fault. Assuming the governor signs the bill which is expected, this is a big step in protecting design professionals from the harsh impact of indemnity provisions in future public and private contracts.

About the Authors

Justin D. Witzmann

Ryan P. Harley

Nothing contained in this article should be considered legal advice. Anyone who reads this article should consult with an attorney before acting on anything contained in this or any other article on legal matters, as facts and circumstances vary from case to case. This post was originally published as a newsletter by Collins Collins Muir + Stewart LLP in April 2017. It has been reposted with permission.

pexels-photo-196642

Leddy Maytum Stacy Architects, an a/e ProNet client hailing from San Francisco, California, has received the coveted AIA Architecture Firm Award for 2017.

“Firm principals William Leddy, FAIA, Marsha Maytum, FAIA, and Richard Stacy, FAIA, began collaborating in 1983 and the belief that architecture is the synthesis of poetics, economics, technologies, and meaning has always been embedded in the firm’s culture. Dedicated to addressing issues of resource depletion, climate change, historic preservation, and social equity, LMSA and its leadership clearly demonstrate that architects can help their communities adapt to a complex and rapidly changing world. To that end, the firm’s proficiency in diverse building types – from affordable housing to the adaptive reuse of historic structures – has been recognized with more than 140 design awards and are only one of three firms to have ever received eight AIA COTE Top Ten awards.”

Founded in 2001 by principals Marsha Maytum, Bill Leddy and Richard Stacy, LMSA is well known in the region for its long list of modern, sustainable projects. This includes the Ed Roberts Campus in Berkeley and North Beach branch library, as well as multiple low-income apartment buildings in the Bay Area. LMSA’s Plaza Apartments and Rene Cazeneve Apartments house “formerly homeless residents who need on-site support services to try to rebuild their lives.”

As noted by SFGate.com, “In announcing the selection, the AIA praised Leddy Maytum Stacy for its ‘highly influential work that advances issues of social consciousness and environmental responsibility.’ Only two other San Francisco-based firms have received the national firm award in the past 45 years: EHDD in 1986 and Gensler in 2000.”

LMSA has consistently ranked among the Top 50 firms each year since 2011. It considers itself “a teaching practice committed to developing complete, well-rounded architects, leaders in the profession and effective global citizens.” Read more in Architect Magazine.

Congratulations to Leddy Maytum Stacy Architects on this honor from the AIA! Your commitment to social consciousness and environmental responsibility is an inspiration.

Shout-out Credit

Leslie Pancoast, CIC, RPLU
Vice President IOA Insurance Services – Pleasanton, CA
Email: Leslie.Pancoast@ioausa.com / Phone: 925-416-7862

Normal Hall in the evening shortly before unveiling. Photo credit: arcDESIGN
Normal Hall in the evening shortly before unveiling. Photo credit: arcDESIGN

Last month, AIA Indiana announced the winners of their annual awards. Happily, a couple of familiar names were among the group.

ONE 10 STUDIO Architects came away with two awards. The first was a Merit Award (Preservation / Adaptive Reuse / Reservation) for the Marion County Public Defender Agency project.

Jury Comments:

Though entered as an adaptive reuse, this project was the strongest interior as well. A small number of elements (red doors, wood ceiling panels, white walls) are employed to create spaces that elevate the program – a public defender’s agency. The new systems are clearly articulated and juxtaposed with the historic shell that contains them.

ONE 10 STUDIO also achieved a Citation Award – New Construction (Project cost greater than $1 million) for their Reliant Partners project.

Jury Comments:

This small commercial building is expressed as a simple, wood frame pavilion placed upon a masonry plinth. This strategy allows the lower level bank to appear (appropriately) secure, while allowing the upper level office space to be airy and filled with daylight. The scale of the building appears to complement the neighborhood without copying the neighbors.

Also honored with a Citation Award (Preservation / Adaptive Reuse / Renovation) was arcDESIGN for their project at Indiana State University Normal Hall.

Jury Comments:

This project lovingly restores a series of public spaces lost and hidden by years of ill-conceived renovations. The preservation component of the project was thoroughly researched and painstakingly executed – recapturing the grandeur of this academic building. The work was very clearly communicated allowing the extent of the renovation to be completely understood.

Congratulations to all the Indiana design firms who won! And good luck going forward.

Shout-out Credit:

Holly Gill-Gaither, CIC
Agent, Professional Liability
Walker & Associates
Email: holly@walkeragency.com / Phone:317-759-9320

 

The word standard implies many things. A bar to be cleared; a rubric to be followed. But for design professionals, the word becomes tricky when applied to contracts. Project owners often want to keep things simple by requiring so-called Standard Contracts for all parties. This is a problem for architects and engineers, especially from an insurance perspective.

Construction contracts cause problems for design professionals.

The following are a few Frequently Asked Questions we see from architects and engineers on this issue:

My project Owner insists on using their own contract for hiring my professional services. They are adamant this is a Standard Contract. How should I respond?

There is no such thing as a Standard Contract. Be sure to read each contract submitted by your clients carefully. You need to understand both the client’s expectations and your firm’s rights and responsibilities. It is a good idea to have all owner-drafted agreements reviewed by your attorney and/or insurance broker. This will help to determine whether you are accepting responsibility beyond what common law would hold you to in the absence of the agreement.  If, for example, you agree to accountability beyond the protection afforded by your professional liability insurance, that’s a problem.

When I perform professional services for a Contractor in lieu of an Owner, should I be concerned?

Yes. Construction contracts are not meant to be used in this arrangement; they are not designed to meet the needs of the design professional.

What are some of the problems with using “construction contracts” for design services?

Construction contracts are problematic for design professionals. A General Contractor’s contract with a project Owner includes certain requirements (e.g. means, methods, procedures, sequences, safety, etc.). These requirements trickle down to construction subcontractors the verbiage of construction contracts. Beyond that, none of these requirements meet the test of what a design professional should required to do on the same job.

Contract document libraries available via the AIA and EJCDC can be a good place for design professionals to begin. These are standard in the sense that they are templates. However, it’s still important to seek individualized guidance from your attorney and/or insurance broker.

What are some of the other problems with utilizing “construction contracts” for design services?

Most construction contracts contain warranties/guarantees, and some have performance standards. To our knowledge, all professional liability insurance policies for design professionals exclude coverage for warranties/guarantees and (likely) performance standards. Remember: if you commit your design firm to more responsibility than the law expects of you, your insurance policy cannot protect you the way that it should.

We hope you’ve found this helpful. As always, be sure to contact your local a/e ProNet broker if you have further questions.

Chicago - a/e ProNet Fall Meeting Location
a/e ProNet meets in Chicago each autumn

This week, a/e ProNet’s membership will gather in Chicago for the annual fall meeting (September 28-30, 2016). It’s an opportunity for the members to exchange insights about the climate of the design industry, broadening each broker’s individual knowledge base.

Established in 1988, a/e ProNet represents a combined annual professional liability premium volume exceeding $300 million. For this reason, representatives from the top tier professional liability insurance providers are eager to present to the group.

What Happens at the Meeting?

A dozen insurance companies are scheduled to present this fall, including: Beazley, Victor O. Schinnerer, Liberty, Travelers and Arch. These presentations update the membership on regional and national insurance trends. Hearing about real life claims scenarios, legal precedents and new policy/endorsement offerings equips our members to do their jobs well. The underwriters are eager for feedback on their programs and changes. a/e ProNet’s members actively advocate for their own clients during this portion of the meeting.

Members will also attend a reception one evening at the Driehaus Museum, just off Chicago’s Miracle Mile. This exquisitely restored 19th century mansion is a must-visit for lovers of Gilded Age architecture and art. Representatives from major design industry organizations, like the AIA and NSPE, are also invited to attend.

To close the conference, Douglas J. Palandech, Esq. of Chicago law firm Foran Glennon will present on the Fiduciary Liability Exposure of Design Professionals. These presentations often turn into articles for one of ProNet’s publications. Don’t miss out! Follow us on Twitter and/or LinkedIn for updates.

We partner with the AIA to give two scholarships to architecture students each year, and, as usual, we’re excited to announce the winners.

Laura Colagrande completed her Bachelor of Fine Arts at Virginia Commonwealth University in 2013 and is enrolled in the M.Arch program at the University of Pennsylvania. With a background in design, she has worked as a designer for Middle of Broad in Richmond, VA, Wolcott AI, and Wirt Design, both located in Los Angeles. A constant desire to learn pushed Colagrande to add business skills, completing a business program at UCLA Extension and studying global marketing, branding, and risk and crisis management. She has learned the value of limiting risk and containing the negative consequences of a crisis, and is now implementing these lessons in the context of her studies in architecture.

Jonathan Teng graduated from the University of Washington with a Bachelor of Arts in Architectural Studies with Distinction in 2010, receiving a Faculty Award for Scholarship and Design and is enrolled in the M.Arch program at Washington University in St. Louis. He has held internships at Heliotrope Architects and Mahlum Architects, both of Seattle, WA. Teng has developed his ability to represent the LGBT community in architecture, and has set his focus on practicing design that provides inclusive and diverse spaces for everyone. As part of this process, he has learned to incorporate communication across the levels of the project, not just between the architect and the client, but also including the end-user when possible.

“The scholarship applicants this year demonstrated strengths in diversified areas within the submission requirements that made it challenging to select our winners,” said juror, Lira Luis, AIA. “The scholarship winners however, stood out among the rest because not only did their essays address the practice management topic in an articulate to-the- point manner, but also the suggested solutions demonstrated clear understanding of best practices such as peer reviews and the value of accountability, where risk is reasonably managed and future potential liabilities mitigated and the value of communication that includes in person interactions.”

Our scholarship was renamed in 1999 for David W. Lakamp, a founder of a/e ProNet and a trusted advisor to the profession. He left behind a legacy of professionalism and integrity that set new standards in the field of insurance services. The jury for the 2016 David W. Lakamp a/e ProNet Scholarship includes: Thomas G. Coghlan, Integro Insurance Brokers; David B. Richards, FAIA, LEED, AP, PMP, Rossetti and A. Lira Luis, AIA, RIBA, LEED AP BD+C.

Learn more about he a/e ProNet scholarships for both architecture and engineering students on our Scholarships page. And don’t forget to follow us on Twitter! We tweet application openings and deadline reminders each year.

Congratulations, Laura & Jonathan!

Read the full AIA press release here.

smoothsailing_engineeringinc

Design firms preparing to purchase or renew professional liability insurance ask the same few questions every year.

How will my professional liability premium be calculated? Will my professional liability premium go up? Should I change professional liability insurance companies?

One helpful resource to answer these questions is the 2015 Professional Liability Insurance Survey of Carriers, a report published annually by the ACEC along with a companion analysis in Engineering, Inc. that includes insight from insurance companies and other experts  This year, the title of the article says it all: 2015 was “Smooth Sailing” for the professional liability insurance industry, and that means good things for architects and engineers.

“The ACEC Risk Management Committee worked with the American Institute of Architects, the AIA Trust, and the National Society of Professional Engineers to survey 18 carriers.” With construction spending higher than it’s been in years and expected to rise, the number of insurance companies providing professional liability insurance to architects and engineers is also growing. New markets increase the competition for more established companies, and keep rates stable, which means Eric Moore, President of a/e ProNet and Vice President of Moore Insurance Services, is optimistic.

“Nonrenewal is about the only reason Moore would suggest changing carriers” this year. “If you do see a claim, a carrier you’ve been with a few years is less likely to drop you, he says.”

Also quoted in the article are representatives from several of the top-tier professional liability insurance carriers, like a/e ProNet sponsors Travelers, Beazley, and Victor O. Schinnerer, as well as Tim Corbett of SmartRisk, a performance management consultant for the design and construction industry, who has written for a/e ProNet many times.

You can read a digital version of this article in the January/February 2016 issue of Engineering, Inc.

As always, if you have any questions about this report or the professional liability market, please contact your local a/e ProNet broker today.