After a year-long investigation, the Los Angeles District Attorney’s office charged German architect Gerhard Albert Becker last Wednesday with involuntary manslaughter in the death of L.A. firefighter Glenn Allen.

On February 16, 2011, more than 80 Los Angeles firefighters responded to a blaze at a 13,500-square-foot mansion in the Hollywood Hills; the home, valued at $11M, was slated to be the backdrop of reality TV show Germany’s Next Top Model later that same month. As the fire spread, the second and third floors partially collapsed, burying veteran firefighter Glenn Allen under hundreds of pounds of lumber and plaster debris.

Though Allen’s colleagues were able to dig him out with chainsaws, the firefighter ultimately succumbed to his injuries; he died two days after the fire.

As reported by the L.A. Times, “Building inspectors said Becker had told them there were no plans to build fireplaces in the home, and none were spotted during a final inspection. After the fire, investigators discovered that he had installed four outdoor fireplaces inside the home, a violation of city building codes.”

This is a case worth watching for design professionals as it is, according to Southern California attorneys Brian Stewart and Ryan Harley (both of Collins Collins Muir + Stewart LLP), “the first time in memory that a designer (or contractor for that matter) has been charged criminally with manslaughter in connection with design or construction of a building.”

The following is an excerpt from a short article released by CCM+S which provides a brief explanation of the allegations:

“After a year-long investigation, Mr. Becker was recently charged by the District Attorney with one count of involuntary manslaughter in connection with the death of Mr. Allen. As used here, involuntary manslaughter is defined as an ‘unlawful killing which takes place during the commission of a lawful act, which involves a high risk of death or great bodily harm, that is committed without due caution or circumspection.’ See California Penal Code section 192(b)(2). Acting ‘without due caution or circumspection’ is akin to criminal negligence, and basically amounts to reckless behavior which a normal prudent person would not have engaged in under the circumstances. For comparison, this is the same statute which was recently used to convict Michael Jackson’s doctor Conrad Murray.”

You may download the full PDF at the a/e ProNet website.

The Cost of Perfection

Nobody’s perfect, yet perfection is always desirable, especially on a design project. Just for a second, let’s imagine that perfect world:

Deadlines met. Costs at or under budget. Environmentally-friendly materials preferred by all parties. Nobody injured, no property damaged. Zero miscommunication.

Sounds, well, perfect, doesn’t it?

Unfortunately, there is a downside to trying to attain a perfect project. As it turns out, perfection is unrealistic enough to guarantee disappointment, which will almost inevitably cause rifts between members of the design team. An architect or engineer can better prepare to avoid this scenario by managing the project owner’s expectations early on, refocusing the energy of the team on achieving success rather than perfection.

The following is an excerpt from our ProNet Practice Note entitled The Cost of Perfection: A Design Professional’s Perspective:

Owners that involve themselves in a collaborative and cooperative team approach with the design professional (and construction contractors when identified) are most likely to accomplish successful projects. This team approach involves the honest exchange of ideas, information and problem solving efforts that minimize costs and improve results. However, there is a trend with some owners to define a successful project as one without any risk to the owner. This “risk free” approach is anything but risk free; in fact it may be just the opposite.

Each project is different, but the experienced design professionals on a given project have been through the basic process many times. The architect knows her role as designer. The engineer understands which skill set he brings to the table. This is not necessarily true of the project owner; he or she may come to the same table with some weighty misconceptions. Ironically, these misconceptions may be fueled by the owner’s knowledge that the design professionals have successfully completed so many projects before.

The nature of the design process is such that each project is unique – the first and only one exactly like it. This can be contrasted to a manufactured product that is perfected over time. Consumers buy products expecting perfection or make a trade-off to a lower priced option. Take, for example, a new car, which will be reproduced thousands of times. If you find a defect, you take it back to be corrected under warranty. This is because a manufactured product can be “perfected” through product testing, design improvements and manufacturing process improvements during the life of the production line for that particular model and its predecessors. While the engineering, design and construction community continues to improve its methodologies and learn from the past each project is different with its own unique challenges.

This Practice Note goes on to point out that thinking of the engineering and design process as a product has lead to some common misconceptions:

  • Contract documents are 100% complete, free of any defects and contain everything needed for the construction contractor to do the job.
  • No change orders are to be expected.
  • No contingency budgets are necessary.
  • Any construction change order probably stems from a design fault.
  • Once there is a construction contract, the owner only has to pay for changes in the work that the owner initiates.
  • All extra costs are damages regardless of their origin (e.g. project improvements or changes at the request of the owner should be borne by the owner).
  • Design professionals are responsible to see that the construction contractor builds it right.
  • Professional liability insurance is a no-fault policy.
  • Design documents or construction contract documents are “guaranteed” or come with a “warranty” to be free from defects and fit for the intended use.

To read more and pick up some real-life risk management strategies to aid in this tricky process, please visit our website. The free, full-length PDF version of this Practice Note is available.

The following is an excerpt from the October issue of a/e ProNet’s monthly publication, ProNetwork News, now public and available on our website.

Excerpted from an article by Drew Seaman and Tom Waggoner of Straub, Seaman & Allen, P.C., St. Joseph and Grandville, Michigan. This is the second of two parts. You may access previous issues of our ProNetwork News here.

“In the last issue, we presented the first of two parts of a practical guide to risk management protocols for the design professional. We first addressed the selection of clients and projects, and recommended that both be assessed in light of your firm’s strengths and culture before engagement.

We then presented a detailed list of tips on how to navigate the sometimes-treacherous waters of the contract. The most important take-away from this section is that your firm needs to establish and maintain a document and contract review process, helmed by your most able staff, and to enlist the aid and counsel of an attorney who is an expert in the field.

We will now address the final four topics in our risk management procedure review:

• Communications

• Contract Document Reviews

• Surveys

• Construction/Contract Administration

Communication

No one piece of risk  management advice is more repeated, or more important, than to document all communications throughout the course of the project. All communications, including oral conversations, should be documented in some fashion.

Your firm’s communication protocol should address these matters:

• Letters, notes, memos, e-mails and plans and specifications

• Protocols for file documentation”

Click here for the full-length PDF version of this article.

ProNetwork News is the latest value-added resource produced by a/e ProNet. Each monthly edition includes an informative, timely article relevant to the design industry and authored by an industry expert. Contact your local a/e ProNet broker for early access to these excellent newsletters.