CEUs

1 LU/HSW

Cost

$25 – AIA Members

$50 – Non-members

Location

Zoom

Program Overview

A continuing education program that discusses certain contract terms in design professional agreements, proposed by the client, typically focuses on how an architect has to negotiate away from onerous provisions and conditions for their risk management. This program examines those terms, not from the architect's risk management perspective, but from the standpoint of an architect's foremost and fundamental obligations to protect the health, safety and welfare of the public. And, if an architect does not honor these obligations, they would be non compliant with their state code conduct, and if they are an AIA member, the AIA Code of Ethics & Professional Conduct.

Health: Occupants, users and any others are directly affected by an architect's contract terms that must be negotiated to comply with the ethical environmental concerns for the public's health. 

Safety: Occupants, users and any others are directly affected by an architect's contract terms that must be negotiated so that its client's interests are not inconsistent with safety and well-being, such as a fiduciary duty in favor of the client ahead of the public's safety.

Welfare: Occupants, users and any others are directly affected by an architect's contract terms when its client requires that all of its confidential information may not be revealed contrary to the welfare of the public's welfare.

Registration deadline 5pm on Wednesday, November 17, 2021.

Learning Objectives

• Examine and discuss a client's proposed terms and conditions in an agreement that are contrary to environmental principles in the new 2020 AIA Code of Ethics & Professional Conduct (E.S. 2.4, Rule 2.401, E.S. 6.1. E.S. 6.2, E.S. 6.3, E.S. 6.4, E.S. 6.5, and Rule 6.501) and that are unstainable contractual conditions, will compromise the health, safety and welfare of the public.

• Compare and evaluate a client's proposed terms and conditions in an agreement that creates a fiduciary duty on the part of an architect to its client, which puts the interests of the client ahead of an architect's responsibility to the citizenry, will compromise the health, safety and welfare of the public.

• Identify and discuss a client's proposed terms and conditions in an agreement that prevents an architect from disclosing certain client confidential information, such as the responsibility to comply with a court order relating to an architect's obligations to the citizenry, will compromise the health, safety and welfare of the public.

• Examine and discuss a client's proposed terms and conditions in an agreement that interferes with an architect's obligations, because the owner's program creates a hazard to the citizenry, will compromise the health, safety and welfare of the public.

Presenter

Eric O. Pempus, FAIA, Esq., NCARB, Risk Manager, DesignPro Insurance Group, A Wichert Insurance Agency, and Chair|Hearing Officer, AIA National Ethics Council

Experienced in architecture, law and liability insurance with a background in the construction industry, Eric Pempus has been a risk manager for over the last 15 years, and an adjunct professor preparing and teaching professional practice undergraduate and graduate courses for the last 33 years. As a Fellow of the American Institute of Architects, and chair and hearing officer of the AIA National Ethics Council, he has demonstrated his impact on the construction industry. He has arbitrated and mediated construction industry disputes for over 20 years, and prepared and presented numerous loss prevention and educational programs to design professionals in various venues across the United States and Canada.