Current Events Archives - Page 3 of 8

Risk of Misclassifying Employees vs. Independent Contractors

By Lynda

The appropriate classification of employees is a frequent source of confusion for design firms, usually coming up around the renewal of a firm’s Workers’ Compensation policy. It is an issue ripe with risk on an Employment Practices level. Recent court rulings in Arizona and Utah have resulted in construction firms paying hundreds of thousands of dollars in back wages, damages, and penalties.

As explained on the Schinnerer Risk Management Blog:

In an age of rising benefit costs and other constraints on the operations of professional service firms, some firms are turning to a range of tactics to reclassify workers to take them off the formal payroll and, therefore, lower their costs and administrative burdens. However, doing so may subject the employer to state and federal employment law fines and penalties.

All this is happening against the backdrop of a broader shifting of risk from employers to workers, who are shouldering an increasing share of responsibility for everything from health insurance premiums to retirement income to job security. While the future might present a model where everyone is truly an independent contractor and neither those actually providing services nor those using the services have any continuing or controlling interest in each other, such a situation does not currently exist and any firm that thinks it can avoid employment responsibilities, tax obligations, or employment practices liability needs to carefully consider alternatives to hiring workers.

Regulators and courts have increased their scrutiny of the relationship between business entities and independent contractors. Alleged misclassification of workers has been one of the primary battlegrounds of this shift, leading to high-profile lawsuits.

For decades, some professional service firms have shifted work from employees to independent contractors to cut their overhead and labor costs and, at times, to qualify for special government procurement assistance. Often, this has been accomplished by relabeling workers and slightly altering the conditions of their work. And some professional service firms have simply ignored regulatory and tax guidance and “informally” used the services of professionals and clerical workers as “consultants” or “leased personnel” or “temps.”

Now, however, businesses—including design firms and construction contractors—are turning to other kinds of employment relationships, such as setting up workers as owners of limited liability companies (LLCs) in an attempt to shield the businesses from tax and labor statutes. In response, some state and federal agencies are aggressively clamping down on such arrangements, passing local legislation, filing briefs in workers’ own lawsuits, and closely tracking the spread of what they see as questionable employment models.

Visit the Schinnerer Risk Management Blog to continue reading.

If you have questions about the appropriate classification of your employees prior to your next workers’ compensation renewal, contact your local a/e ProNet broker. We’re happy to help!

Gearing up for EdSymposium15

By Lynda

Design firms depend on a set of very important people to keep their businesses running smoothly: office administrators. These folks “manage, market, advance, streamline, protect, and regulate firms in the A/E/C industry,” according to Natalie Newman, current President of the Society for Design Administrators (SDA).

At the SDA’s upcoming national meeting in Golden, Colorado–EdSymposium15 (October 8-10, 2015)–a/e ProNet will be in active attendance. On Friday, a/e ProNet President Eric Moore, CIC, of Moore Insurance Services, will make a keynote presentation:

Your Application Matters – How to Influence Premiums for the Better

It is important to understand what underwriters and insurance carriers look for when renewing a professional liability application/submission. In this presentation, attendees will learn how to better understand the underwriting process, how information is presented on the application, and improve their understanding of limit and deductible options when making the decision to purchase coverage.

Eric Moore specializes in providing risk management and insurance services to Design Professionals, including Architects, Engineers, Environmental Consultants and Land Surveyors.

a/e ProNet will also sponsor lunch on Friday, and our Executive Director, Dave Johnston, will be present to answer questions about our organization and how we can be of service to design administrators.

Lots of other exciting topics and activities are on the conference agenda, including a talk on Cyber Security and a chance for attendees to go rock climbing! We wish all SDA members safe travels and an enjoyable conference.

How should a design-build project be structured?

By Lynda

Risk management best serves design professionals when it’s put in place prior to the acquisition of risk. Not damage control strategies, but damage avoidance strategies. In the case of design-build projects–arguably some of the riskiest in the business–this preemptive management of risk should include a number of questions asked by all parties involved. Among those questions: How should the design-build project be structured?

At Victor O. Schinnerer’s most recent Annual Meeting of Invited Attorneys, Jonathan C. Shoemaker, of the Lee & McShane law firm, answered this question and others based on his own research “on the contractual and professional risks of participants in design-build projects.”

According to Shoemaker, there are many ways “to structure design-build teams, including teaming agreements, joint ventures, partnerships, and newly-formed companies owned by the design-build team.” The following is an excerpt from a post on the Schinnerer website:

[Shoemaker] defines the organization of a design-build team as either a vertical relationship (e.g., a traditional prime contractor/subcontractor organization) or a horizontal relationship. And he points out that the vast majority of design-build teams are contractor-led, with the design firm serving as a subcontractor to the contractor.

According to Shoemaker, a horizontally structured relationship is where a contractor and a design firm come together to form a joint venture, a partnership, or a new company to provide fully integrated design-build services. He defines the most common horizontal structure, the joint venture, as “a business undertaking by two or more persons engaged in a single defined project.” A joint venture structure typically includes:

joint control over the joint venture’s decisions (as opposed to the prime contractor having control);

liability for the joint venture’s losses (as opposed to liability for only the design professional’s losses);

and profit sharing (as opposed to only the profit earned under the design agreement).

Shoemaker also examines the risks to the design professional on a design-build project and discusses how the risks vary depending on the design firm’s involvement.

Visit the Schinnerer website to read the entirety of the post.

Drugs in the Workplace Study: Architects & Engineers Prefer Alcohol

By Lynda

Compared with many other industries, the Engineering and Architecture community has a relatively low abuse/dependence rate (7.9%) on any substance, and alcohol is the substance these design professionals are most likely to be dependent upon. This is according to a 2010/2011 national survey completed by the Substance Abuse and Mental Health Services Administration.

“Coping with substance abuse and dependence is a big enough challenge on its own, but balancing both an addiction and a career can pose an even bigger struggle. The impact of drug abuse on workplaces is astronomical, costing the United States $120 billion in lost productivity in 2007¹. Alcohol abuse is similarly widespread, with 15% of American workers reporting being impaired by alcohol while at work at least once during the previous year². And the effect on safety can be potentially catastrophic: Employees involved in accidents were more than four times as likely to test positive for opiates³. So what are the patterns of substance use across America’s industries?” — Treatment4Addiction.com

You can visit the Treatment4Addiction website for analysis and presentation of the survey data. As you’ll see, while Design Professionals rank mercifully low on this list, Construction Trades & Extraction Workers rank unfortunately high (17.4%), with “heroin as their most disproportionately used substance. Their widespread abuse of a powerful opiate may reflect the prevalence of chronic back pain and untreated injuries in the field.”

AIA College of Fellows Elevates Christ J. Kamages of California

By Lynda

Churches, cathedrals, and temples have historically drawn attention for their architectural beauty. Sometimes these buildings took centuries to complete, employing tens of thousands of craftsmen, all to meet the original vision of a single architect, inspired by the great Architect in the sky. It would be a mistake to think that–with the exception of project length and the architect’s scope of services–this has changed. Modern churches and temples continue to rise all over the world, and the architects behind them are often motivated by their own faith. These buildings are often spectacularly intricate, having been designed with a whole and holy purpose in mind.

One architect who has dedicated his practice to the design of such buildings is a/e ProNet client Christ J. Kamages of CJK Design Group in California. Many of the glorious, golden domes of modern Greek Orthodox churches, cathedrals, and missions across the country can be attributed to him. Last month, Mr. Kamages’s 33-year career earned him the honor of being elevated to the AIA College of Fellows at a ceremony in Atlanta, Georgia.

As noted on the CJK Design Group blog:

Established in 1857, the American Institute of Architects is a professional association made up of Architects and a related field, which seeks to “promote the scientific and practical perfection of its members” and “elevate the standing of the profession.” Through the AIA, standards of ethics and business practice have been developed and members hold each other up to maintain the highest standards. Each year, the AIA selects Architects from its membership to be elevated to the status of Fellow. Fellowship is one of the highest honors the AIA can bestow upon a member. Elevation to Fellowship not only recognizes the achievements of the architect as an individual but also elevates before the public and the profession those architects who have made significant contributions to architecture and to society.

Mr. Kamages was one of only 147 architects to be elevated to the College of Fellows this year. Of the 85,000-architect membership, only 3,200 have received this distinction.

Congratulations to Mr. Kamages and his fantastic team. We look forward to seeing many more beautiful designs from you in the years to come!

Shout-out Credit:

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

Scholarship Deadline Extended to April 17th

By Lynda

If you or someone you know is an architecture student, we’ve got some good news. Each year, we offer a pair of scholarships in partnership with the AIA, and the deadline for the 2015 applications has been extended through the end of the week!

The scholarship is open to fourth-year undergraduates, and graduate students of architecture enrolled in an NAAB-accredited professional degree program. The promotion and selection are handled entirely by AIA. Eligible candidates are required to submit an application to AIA’s national headquarters in Washington, DC, on their standard application form. Submissions are reviewed by jury members of the AIA Practice Management Knowledge Community. Candidates must submit a copy of their transcripts, two letters of recommendation, and an essay on how they would resolve a project management dilemma.

Extended Deadline: 17 April 2015

How to Apply

We want to help architecture students succeed. Good luck to all who apply!

Read about past winners of the a/e ProNet AIA David W. Lakamp Scholarship here.

Boxouse: Young Americans Turn to Alternative Housing

By Lynda

Signs of recovery in the American housing market–in architecture, engineering, construction, real estate–are increasing. Yet, in 2014, the market saw a new, disappointing record:

The number of homeowners under the age of 35 hit its lowest point ever.

Home ownership has long been synonymous with the American Dream. But where are the young people in this game? Some have turned to alternative housing solutions.

Pacific Standard magazine recently blogged the experience of Luke Iseman, a 31-year-old graduate of the Wharton business school, who lives in a white shipping container on a small lot in West Oakland. Driven from the traditional urban housing market as a renter by exorbitant rates in San Francisco, and holding more than $60,000 of student loan debt, Iseman is putting his burgeoning business savvy to good use for himself and others with the establishment of an alternative housing start-up called Boxouse. Continue reading “Boxouse: Young Americans Turn to Alternative Housing”

Blog Love: ArchNewsNow – Nuts & Bolts

By Lynda

Nuts+Bolts is a “an exclusive ArchNewsNow monthly series to provide A/E professionals with practical tips for a more successful, profitable practice.” All ten articles currently listed are worth a read, and we hope the series is slated to continue. The authors are architects, consultants, insurance professionals, and financial advisers, all of whom offer a timely perspective on the state of the design industry. After perusing the library, here are four posts with the potential to help you and your firm in a risk management capacity:

#1 Nuts + Bolts: Mission Possible: Increase Your Value Without Lowering Your Fees

In this economic climate – or even in a good market – it may be tempting to lower your fees to stay competitive. However, lowering your price is not something you should immediately consider when faced with reduced revenue. As an alternative, you should seek to inject as much value into your services as possible. This will allow you to increase the intrinsic worth of your services, encouraging your clients to pay an appropriate fee for quality, not just quantity. But if you’re convinced that lowering your fees is a solid strategy that will boost your bottom line, think again. Here are a few reasons not to.

#2 You Can’t SELL If You Can’t TELL

You went to architecture school to become a good communicator…right? I’ll take a risk and say that chances are you probably didn’t. But if you want to be a great architect, engineer – or any other kind of professional – you need to know how to communicate clearly and effectively. You simply can’t avoid it. You communicate every day, whether you are meeting with colleagues in your office, talking to a client on your cell phone, e-mailing a consultant, or tweeting your followers. While we live in the digital age, and communication may seem to flow easily, there’s a lot more room for error. We’ve all had that gut-wrenching feeling of hitting the “send” button on an e-mail that had the wrong content or went to the wrong person.

#6 Changing Habits: The Secret to Successful Time Management

No time to grow your business? Learn to set aside time, clearly identify goals, and change bad habits, and you’ll transform your business development efforts from a waste of time into a productive enterprise. Most budding architects are initially attracted to the design side, rather than the business side, of their profession. As a result, many architects never develop the skills necessary to build their businesses. But just as design and project management are part of your daily routine, you should set aside time for business development as well. How do you make time for business development when you’ve been avoiding it or aren’t sure how to fit it into your day-to-day practice? The trick is to fundamentally and permanently change your habits. This sounds daunting, but you can achieve it if you follow these practical steps.

#8 Best Friends Don’t Make the Best Partners

In popular culture (and at most architecture schools) the architect is often portrayed as a lone figure, from Howard Rourke in Ayn Rand’s seminal work, The Fountainhead, to Frank Lloyd Wright, to Frank Gehry. Most people perceive architects to be creators working alone in the dark. Contrary to popular belief, it takes more than a single artist to make a great building. Most architects know that. What’s less obvious is that, in reality, most successful architectural practices are not sole practitioners but partnerships.

About the Authors of the Nuts+Bolts Series:

Michael S. Bernard, AIA, Principal, Virtual Practice Consulting

Mary Breuer leads Breuer Consulting Group

Founder of integrated communications firm Hausman LLC, Tami Hausman

Donna L. Maltzan is a business development trainer, facilitator, consultant and coach

Michael M. Samuelian, AIA, AICP, vice president at Related Companies

Stanley Stark, FAIA, LEED AP, a New York City-based architect who has held senior leadership positions with major firms including HLW, HDR, and Francis Cauffman

Steve Whitehorn, managing principal of Whitehorn Financial Group, Inc., the creator of The A/E Empowerment Program®

California Supreme Court Rules Against California’s Architects in the Beacon v. Skidmore Owings Case

By Lynda

The closely watched California Supreme Court case of Beacon Residential Community Association v. Skidmore Owings and Merrill et. al. has been decided, and the opinion is bad news for California Architects. The Court held that architects owe a duty of care to future homeowners in the design of residential buildings where the architect is a principal architect on the project, meaning that the architect is not a subordinate to other design professionals.

Case background and procedural history

As a refresher, this case involved the design and construction of residential units in the Bay Area of California. Originally held as apartments, the units were converted by one of the developers into condominium units. After completion, the condominium association filed a lawsuit against the original developers, contractors, and designers alleging a long list of construction and design defects. Among the issues was a complaint that the individual units did not include air conditioning and that the quality of the windows used was so deficient that the individual units experienced excessive heat gain, making them unlivable.

Skidmore Owings and Merrill (“SOM”) and HKS, Inc. (“HKS”) were the architects for the project. In reliance on past case law in California, SOM and HKS filed a motion in the trial court arguing that they did not owe any duty of care to the condominium association because neither SOM nor HKS had contracted with that entity. The trial court granted that motion. The intermediate appellate court reversed that ruling, holding that under other California law, SOM and HKS in fact did owe a duty to subsequent owners who were foreseeable even though SOM or HKS did not contract with them. This created an arguable conflict between cases, and thus the California Supreme Court accepted the case for resolution.

Our firm was privileged to file an amicus brief on behalf of the American Institute of Architects and the American Institute of Architects, California Council, arguing that architects should not be held to owe a duty to downstream owners with whom the architect did not contract. Continue reading “California Supreme Court Rules Against California’s Architects in the Beacon v. Skidmore Owings Case”