Architects' Claims Stories

Send us a textIn a building project where an Architect's role has been marginalized, and where the chain of command is generally confused, can the Architect still be held responsible for errors by others that lead to catastrophe?You'll learn that even when Architects are not contracted to supervise construction, or to coordinate trades and consultants, they may inadvertently assume these responsibilities and any liability attached to them.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

What sort of problems arise when Architects and Engineers are unfamiliar with the physical context of a building site? How can they work together to ensure that things such as site drainage are adequately dealt with?When Architects fail to familiarize themselves with existing site conditions, they and their consultants may be designing in a bubble. In this case, the site grading drawings were fine, but failed to note that the site was at the foot of a hill. Flooding was inevitable.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

How can a simple typographical error in a millwork order lead to a financial and logistical nightmare, not to mention the heartbreak of trashing 180 custom-made cabinets? Architects don't normally assume responsibility for ordering interior furnishings and fittings. But when they do, they should follow quality assurance protocols.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

When experts with questionable incentives make a simple problem worse by recommending drastic solutions, who is responsible for picking up the tab?You'll learn how a faulty valve caused major water damage to a new building. And when a toxic mould infestation ensued, “experts” were called in to assess the damage. This led to a costly legal battle.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

When a major building component, such as an exterior wall, fails during construction, who was supposed to check the shop drawings?The cause of the near-tragedy becomes obvious, only after the wall has fallen over - it hadn't been tied into the structure. You'll learn how dereliction of duty triggered a catastrophic series of events.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

If an Architect provides better quality cladding materials than those the client requested, can the Client order those materials to be replaced at the Architect's expense? You'll learn that unreasonable clients and guilt-ridden architects can make strange bedfellows and their relationship dynamics may lead to unnecessarily expensive lawsuits.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

When a recently renovated, beloved heritage building burns to the ground with no discernible cause, who is responsible?Even forensic fire experts may have trouble pinpointing the cause of a fire, but if the architects are contracted to perform site reviews, they will be in the “line of fire,” regardless of the actual source of the original spark. There are, however, precautions that Architects can take to mitigate the risks. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

What happens when a project is designed and engineered based on a subsoils report created for another site, with wildly different conditions?Adjacent sites may appear almost identical above grade, and yet have radically different subsoil conditions. It can be a false economy—and potentially catastrophic—to forgo a proper soils report specific to your site and instead base your design on unfounded assumptions.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

Can an edifice of historical grandeur be replicated with inexpensive modern materials? And what if they haven't been tested in Ontario's harsh climatic conditions?Agreeing to build a high-quality neoclassical masterpiece in the Ontario hinterlands, without the extravagant budget required can only result in a deteriorating client relationship, and a dilapidated building.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

Can an architect successfully create a modern glass building on a tight budget by cutting corners on materials and detailing, or will such compromises ultimately lead to costly failures and potential legal consequences?Architects should never compromise on essential design elements and quality materials to cut costs, even for friends or to achieve a specific aesthetic. Attempting to create a high-end look with subpar materials and inadequate detailing will likely result in significant structural issues, costly repairs, and potential legal troubles, ultimately costing far more than the initial savings.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

How do interpersonal conflicts, misunderstandings, and professional missteps in a construction project lead to unforeseen consequences and legal battles?A construction project for a retirement home spirals into legal chaos due to interpersonal conflicts and contractual misunderstandings. This tale delves into the repercussions of professional missteps and the quest for resolution through mediation, offering insights into the construction industry's pitfalls.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

What happens when a bidding process is unfair, and the lowest bidder doesn't get the job?Being fair and transparent in the bidding process is crucial because choosing favorites or making changes at the last minute can lead to serious trouble. Even if you think you're helping, it might cause others to feel cheated and lead to lawsuits. In the end, what seems like a small decision can create big, expensive problems.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

How reliable is a survey? When a fire hydrant used as a survey benchmark is replaced by a new fixture, and a site is over-excavated as a result, who is responsible, and how does a seemingly minor 20 cm error in site levels lead to a massive $1.2 million lawsuit?You'll discover how a small, unnoticed alteration in a survey datum point can snowball into a major headache. This story illustrates the importance of obtaining accurate information, and keeping scrupulous records, especially for complex buildings Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

What are the consequences of not adequately examining conditions, before embarking on a major renovation project, and leaving it to inexperienced staff to handle the problems that arise?In this episode, we find out what happens when architects, who are making extensive renovations to a building with complicated mechanical systems, can't —or simply don't—fully examine existing conditions before they start out.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

Architects sometimes get blindsided by accusations of professional error, omission or negligence. They struggle with the hidden risks that come with running an architectural practice, as it can be devastating—professionally and personally—to invest countless hours in a project, only to face one claim that threatens everything.Well, what if one could navigate these risks with confidence? What if architects' could protect their practice and reputation while continuing to do what they love?Welcome to "The Claims-Free Architect", formerly known as “Architects' Claims Stories”, renamed to better reflect the podcast's mission. Brought to you by Pro-Demnity, a professional liability insurance company that has been protecting and defending architects for nearly four decades.This season, every week for 14 weeks, you'll hear stories that deep-dive into real-world situations faced by architects. From these actual experiences, insights needed to identify potential risks will be revealed, to learn how to manage, minimize, mitigate, avoid or even accept them, and ultimately, to better protect architects' practices from claims. When a project goes sideways, the consequences can include every kind of loss—financial, reputational, physical and personal.If you're a licensed, practicing architect, an architectural practice owner, an architectural intern, or a member of an architectural team, and you're looking to avoid professional pitfalls, subscribe to "The Claims-Free Architect" wherever you get your podcasts. By tuning in, you'll be well on your way to understanding risk and keeping your practice claims-free.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

It's often been said that seeing is believing, and this is certainly true in legal proceedings. Ever since movies were first allowed into a courtroom, film and video have provided a reliable way of capturing reality and presenting it as evidence. Who knows how many people have been convicted or exonerated on the basis of images on a screen?In these two stories, Architects find themselves confronted by “video evidence” that may reveal either guilt or innocence. And neither is certain. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

It's an infrequent mistake, but it happens: Consultants and projects are chosen unwisely, and the architect must assume responsibility for the consequences. In these two stories, those errors are about to doom the projects . . . until a second—extremely rare—phenomenon occurs: Fate steps in and saves the day. The odds of winning Lotto Max are about 33 million to one. The odds of your architectural project being saved by blind luck are in about the same range. We call this episode "Poor choices." Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

Many architects will tell you that some of their greatest professional rewards come from their relationships with their clients, working as a team toward a common goal. But occasionally, these relationships break down, and what starts out as professional affection deteriorates into outright animosity. It's a fine idea to make friends of clients, and even clients of friends, but remember: business and friendship can sometimes make poor allies. Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

“Trust but verify” is a diplomatic term that applies just as well to architectural practice. Give your team members enough space to exercise their own skills, but always maintain a discreet watchful eye. Lack of professional oversight contributes to several problems, and those problems lead to claims.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

In architectural practice, boundaries are critical. There are physical boundaries, professional boundaries and, what might best be called aspirational boundaries. In this episode, boundaries are badly defined, ignored, stretched and transgressed. Abysmal record keeping only makes matters worse.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

Under the various pressures of contract administration, architects can sometimes exercise too little care when issuing certificates. Inaccurate, false or misleading certificates are potential sources of claims.Connect with Pro-Demnity: Leave a Review Follow us on LinkedIn Access our Risk Education Library Speak with a Risk Services Expert if you're an Ontario architect seeking guidance for a risk management issue. Thank you for listening.

It sometimes happens that architects take on projects that require the skill and experience that only a specialist consultant can provide. It's easy to fall into the trap of taking responsibility in areas where your knowledge, and your ability to control events, are limited. As these two stories show, when things go wrong, it may be the Architects who are held accountable.

Architectural creativity often involves exploring new products, or in some cases, finding new uses for existing products. It's expected that architects will make sure that these products are approved for their intended use, and that their installation or application will be carefully monitored. But be aware that the associated risks of experimenting with new products can be burdensome, and as the architects in these two stories discovered, the penalties can be severe.

Episode 3 of Architects' Claims Stories highlights two different situations where the clients' desire for a grand architectural gesture results in a debacle for the architects involved. Physical and emotional injuries arise from Inattention to detail. 

A simple exchange of information, promptly delivered, duly recorded and correctly remembered, might have saved everyone a lot of grief.  

All three claims stories in this episode deal, in one way or another, with the consequences of an architect failing to maintain written records.