Donovan will be speaking to you about the contrast between ethical duties and legal duties.
Please post to the blog based on his presentation tonight.
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Hello Mr. Olliff,
ReplyDeleteThank you for taking the time to speak to our class today. I noticed at the end of our discussion that you said knowledge of construction was very important to young architects coming out of college today. I feel like I have very little knowledge of construction to this point, at least to the level I think I should be at, and I wanted to ask some questions about it. Exactly what types of construction are absolutely necessary that we learn? The parts that make up a wall, the construction documents, the job of the contractors, etc.? And also, how would a student like me gain some more knowledge about construction on my own without actually working in the field? Thanks for the help.
Phil
Hello,
ReplyDeleteThank you once more for talking the time to speak to our class. I, like Phil have very little knowledge about construction, and being a girl makes its a little harder to actually get a job in the field, (which I think is the best way to learn about construction). So which part of construction would you recommend we focus on the most?
About the airport in San Francisco, or any other project that HOK works on, do they have someone who goes to the site to make sure everything is being constructed as planned to avoid problems that end up costing so much?
Mr. Olliff,
ReplyDeleteThank you very much for taking time out of your schedule to speak with our class. I worked in the Houston office from June till December as part of the Houston Practicum program and have been thoroughly impressed with HOK's dedication to Texas Tech and our academics. During one of the lunch and learns we had discussed standard of care and at that point in time I did not fully understand the concept. After your lecture and explanation I now have a greater understanding and realize how important it is. Does standard of care come up during most contract negotiations or just when something has gone wrong and an architect needs to defend him/herself?
You had also mentioned contract negotiations with CMA, which was one project that I spent many hours working on. First of all, do you have any updates on the construction process or how Omrania & Associates are handling the construction documents? Second, I can only begin to imagine the type of negotiations that went on with that contract, working out details with the local architects and the structural engineers. What typically happens in negotiations with a project of that size and scale?
Thank you again, I look forward to hearing from you.
~Peter Smuda
Mr. Olliff,
ReplyDeleteI would also like to thank you very much for speaking with our class. Seeing the legal aspect of the business is very helpful in beginning to understand what we as architects need to do in order to be successful. I also enjoyed the short discussion at the end pertaining to architects needing to know all sides of a project such as the construction side and what a contractor must go through also. I have a background in construction with a General Contractor in San Antonio and while working for them I remember the communication level between us and the architects and engineers was so minuscule. It was important for us that we constantly were able to keep a communication with the architect because both sides of the project think completely different in a way. Phil, in regards to your questions I think that the best way to find out information on the construction and contracting world is simply to go out and contact people. I can personally give you some references and get you some information from the company I was associated with if you want it.
Thank you again Mr. Olliff.
-- Joel A. Benavides
Mr. Olliff,
ReplyDeleteThank you for taking the time to talk to our class last week. It was really great learning what you do in the architecture world. I was wondering what you do when there are in house legal problems. For example, sexual harrasment suits or promotion debates, ect. I just wasn't sure how your department would determine whom to defend.
Mr. Olliff,
ReplyDeleteI was wondering what brought about your decision to pursue law. It seems like a very different education and practice in comparison to design. Do you think your previous experience in architecture helps or hinders your current work? Thank you for taking the time to come speak to our class. It is always nice to hear a new perspective in the architecture profession.
Thank you,
Allison Schirmer
Mr. Olliff,
ReplyDeleteAs I was studying for our upcoming test, I was reading over the code of ethics and a couple of points caught my eye, or rather they raised a question in my head.
Architects are not supposed to “offer nor make any payment or gift to a public official with the intent of influencing the official’s judgment” but are allowed to “provide free services.” What would be the thought or ruling then if a company provides some sort of free services with an expectation that the client will use the architect, or whatever he is proposing? What if the service provided to the client is outside the realm of architecture, would this be seen as “getting to know your client” or would this toy with beginning to be unethical?
Just curious as to what you think,
Adrianna Alter
Mr. Oliff,
ReplyDeleteThank you so much for speaking to our class. Our discussion with you enabled me to take a look at the profession from a completely different angle that I was not very familiar with, and I definitely learned a substantial amount.
I was curious as to what the legal repercussions are for using the term 'architect' when one is not in fact a licensed architect. I know that this is considered a serious issue, but I wanted to know who draws the line between what to let slip and what to take legal action with, as well as what the actual penalty is. I can't imagine that legal course is taken for many small instances where 'architect' is used incorrectly, but if you could provide me with an example of an instance where it was taken, including who initiates the legal action, what the actions were and what the penalty was that would be greatly appreciated. Thank you for your time.
Mark Buchanan
Mr. Oliff,
ReplyDeleteFirst of all I would like to thank you for your time in staying late to talk to us about the ethical and legal duties, or what we ought to do and what we must do, as professionals.
However, when you were speaking you were talking about how the majority of the people within our profession were not in fact licensed. I was just wondering about the legal differences within the field, about what an architect can do rather than just a "designer" or draftsman.
Thanks again, Jonathan Pace
Mr. Oliff I would like to thank you for explaining and helping me understand better how ethical duties and legal duties do actualy tie in to gether in Architecture. Before your example I did not have something to refer to first hand.
ReplyDeleteMy apologies for not responding earlier. These are really good questions. I'll try to respond as thoroughly as possible. Thank you for the opportunity to talk to you and to share my experiences.
ReplyDeletePhil, your question about what types of construction to learn about is a tough one to answer. As architects, we tend to focus on details. (They are, of course, the difference between good design and great design.) It is important, of course, to know how the details fit into the big picture. I would encourage you to start with the 30,000 foot view of the construction industry. Begin with the process. There are many good books about how projects are delivered. Understand the difference between construction management, design-build, design-bid-build, design-assist, integrated project delivery, etc. Architects are a participant in these processes. In some, they are a major player and in others a minor one. Understanding our role in each of these methods will usually lead to a better result. There are many other roles to condsider as well - owners, lenders, engineers, subcontractors, contractors, suppliers, vendors, fabricators... if you understand how these people work together you are more likely to influence the outcome you desire. You will learn the craft of construction through your work as an intern. Understanding the process of construction will give you an immense headstart.
Rocio, your comment about being a woman in the industry is intriguing. The industry is changing. I've noticed a great advancement of women at all levels of the industry over the course of my career. The wonderful thing about the intern development program for architects is that it is gender-neutral. Try everything and go with what you like best. There are women in leadership positions throughout the profession. Adopt one as a mentor.
ReplyDeleteRegarding your specific question, architects do not often have on-site representation during construction. Much of what occurred on the project we discussed could have been avoided through better communication. The case illustrates how something that seems insignificant can be quite significant. Every line we draw - every (UL465) we write - costs someone somewhere a dollar or two.
Peter, I'm glad you had a chance to work in our Houston office. The people there are the best in the industry. There are not many certainties in life, but this I will guarantee... there will not be a single design contract that you will negotiate without discussing the standard of care. It is by far the most important term and one of the most contested. The CMA project is moving along. Negotiating a contract for a project of that size usually involves teams of people engaged in parallel negotations. One team may negotiate fee and scope of services while another other team discusses legal terms and conditions. Eventually it all is consoldiated into a somewhat coherent document that is written, re-written, argued over and finally accepted by all. There's an art to being firm in negotiations while maintaining a good relationship with your client.
Joel, your comments are spot on. The most important advancements in our industry are those that open the lines of communication between design and construction. BIM is one of those advancments. Good communication is essential and often starts by being a good listener.
ReplyDeleteKristin, as in house counsel I represent HOK. If a dispute arises between HOK and an employee, I always represent HOK. We cannot provide personal legal advice to employees.
Allison, had you told me when I graduated from Tech that I would become a lawyer, I would not have believed you. I love design and the art of construction. There is no doubt in my mind, however, that being an architect makes me a better lawyer for HOK. I understand the practice, speak the language and thoroughly believe in what HOK does in the world.
Adrianna, you recognized one of the many potential conflicts that arise when you carefully consider questions of ethics. There are times when offering free or low cost services are ethical, even encouraged. Providing "pro-bono" services to non-profit companies can help those organizations design and construct new facilities that they could not otherwise afford. Providing free services crosses an ethical line when they are given with the intent that something of value be given in return. It's probably not a good idea to provide free services to a public entity at any time. It's difficult to shed the appearance of impropriety.
Mark, there are serious implications to misuse of the title of architect. Many complaints before the Texas Board of Architectural Examiners involve serious violations of the statutes (i.e. individuals contracting to provide professional services without being registered). That does not mean you should take the architectural practice rules lightly. It is in our interest to protect the profession and title of architect. It is also the legal responsibility of every Texas architect. Complaints against unauthorized persons generally come from two sources; (1) other architects; and (2) very, very unhappy clients.
ReplyDeleteJonathan, most states recognize the fact that unregistered people perform many of the services performed by architects. These services must be performed, however, under the direct supervision (responsible charge) of a licensed architect. In doing so, the licensed architect assumes responsibility to the public for the services performed by his/her subordinates. The licensed architect also has a legal and ethical responsibility to provide competent guidance to those individuals under his/her charge. It's important to understand, many people with a degree in architecture choose related professions that do not require an architectural license. If you want to advance at a firm like HOK, however, getting registered is strongly encouraged.
Thanks again for the opportunity to share.
Olliff, Donovan,
ReplyDeleteThanks for taking the time to talk with us last week. How soon do you think BIM will be an industry norm? We took a class over it a few semesters ago, I could see the potential in collaboration and long distance collaboration, but there were a lot of kinks. If it weren't for the teaching assistant, who was at times as lost as we were, we would probably never have finished the project. It may have been the programs we were using, I wouldn't be surprised if it was.
Just curious, are you working on any of the projects in Saudi Arabia or Dubai? I don't know if there are any HOK projects going on in Dubai, just thought I would ask. Thanks again.
Oliff, Donovan,
ReplyDeleteThank you for talking to our class. I too have a question about BIM and how long it will take to implement it into our industry. Also, do you think the industry will separate BIM from the design process and have it create a new job market?