The materials on this CD are arranged in the following categories: AIA Documents, General Liability Resources, Certificate of Merit, Condominium Insurance, Construction Defect Liability, Good Samaritan Laws, Statute of Repose, and Toxic Mold. Each of the categories is described more fully as you scroll through this page. To access information, either use the navigation elements on the left hand panel or click on any of the underlined text on this page. You will directly link to the related topic or document. To return to this page at anytime click on "how to use this CD-ROM" which is located near the top of the left-hand scroll menu.
The AIA has a Public Policy ans several issue briefs related to liability and reform. Specifically, the following are included on this CD:
AIA Public Policy: Professional Liability , states that the AIA believes that the public is best served by measures that protect architects from unnecessary liability and curtail frivolous lawsuits. The full policy is available here: AIA Public Policy:Professional Liability
Model Architecture and Engineering Liability laws, document jointly developed by the AIA and several engineering associations. Includes model legislative language for Repose, Sole Source Workers’ Compensation, Certificate of Merit, and Good Samaritan Statutes
Also included on this CD are newly updated AIA issue
briefs covering the topics of Certificate
of Merit, Good
Samaritan Laws, Mold,
and statute
of Repose
General Liability Resources
Winning the Tort War in Mississippi: Keys for Success in Other States, A report published by the American Tort Reform Association that details how the state of Mississippi succeeded in passing sweeping tort reform measures despite many obstacles and strong opposition forces. Written by a Mississippi State Senator the article offers strategy advice for pursuing liability reform.
2003 Tort Cost Trends, an update of previous studies published by Tillinghast -- Towers Perrin in 1985, 1989, 1992, 1995 and 2002. The study, incorporating U.S. results through 2001, was published in February 2003. The results of the studies have been widely quoted by both proponents and opponents of tort reform, suggesting that the studies -- straightforward analyses of the tort system's cost and trends have proved to be not only informative, but also objective and unbiased. Included on this CD are an Executive Summary as well as the full Tort Cost Trends Report
Victor O. Schinnerer is the commended insurance provider for both the AIA and NSPE. The company frequently issues reports and advisories to assist design professionals with risk management. Schinnerer documents, included on this CD are:
A Schinnerer Tort Reform Advisory, provides an overview of several tort related topics
An Analysis of Injured Workers Claims Against Design Professionals, compares claims before and after the repeal of the Illinois Structural Work Act
Scinnerer Claims Report, a Study of Exposure Times and Meritless Claims Against Design Professionals in New York
Certificate of Merit
Certificates of merit are needed because many design
professionals face substantial liability issues. Among these is the possibility
of being drawn into a larger, more complex lawsuit. A certificate of merit weeds
out frivolous claims by requiring that a design professional of the same discipline
as the defendant certify that a claim has merit before a case may proceed. This
allows the court to concentrate on the merits of the original case and, in many
instances,
may discourage cases against design professionals. Certificate of merit content
on the CD:
1999 Compendium of Certificate of Merit Statutes, AIA document that contains the statutory language of the state certificate of merit laws as of 1999
Component Issue Briefs on Certificate of Merit from AIA California Council and AIA Oregon
Sample State legislation from Arizona and Oregon. The Oregon legislation was drafted by AIA Oregon lobbyist Cindy Robert
Certificate of Merit Legislation: Clearing the Judicial System of Meritless Claims, Victor O. Schinnerer report that is a vailable for two states: Massachusetts and Virginia
Condominium Insurance
From California to Colorado, a rise in homeowner lawsuits alleging construction defects (see related topic below) has prompted nearly every standard, or regulated, insurer to stop writing policies for condominiums. To avoid halting construction altogether, architects and builders have turned to secondary, or largely unregulated, insurers that often charge more for less coverage. In turn, that's exacerbating condo shortages and driving up prices. Condominium Insurance content on the CD:
Building Industry Association of Washington White Paper, discusses the impact of condominium related litigation to contractor liability insurance rate escalation in Washington State
The Impact of Construction-Defect Litigation on Condominium Development, California Policy Research Center brief that summarizes study findings about the impact of construction-defect litigation on condominium development in California
Construction Defect Litigation and the Condominium Market, California Research Bureau Report that examines the decline in California condominium construction, its causes, and the related increase in designer insurance premiums
CNA/Schinnerer Guidelines May/June 2004, newsletter edition devoted to the topic of habitability claims that includes extensive commentary on problems that are unique to the condominium market as well as proposals to fix the problems
Report
to the Judiciary Committees of the Washington State Senate and House of Representatives
of the Condominium Act Study Committee, January 2005 discussion draft
report that assesses condominium construction liability in Washington and makes
specific recommendations on how to address the problem.
Construction Defect Liability
In the last few years, contruction defect or Right and Opportunity to Cure legislation has been enacted in a number of states. This reform measure is a direct result of frivolous lawsuits against architects and other design and construction professionals. The concept behind these reform measures is to allow the architect an opportunity to correct a defect or problem within a certain amount of time before a lawsuit against them can be filed. Construction Defect Liability content on the CD:
2003 NAHB Legislative tracking Chart, National Association of Home Builders matrix that provides detail of construction defect measures introduced during the 2003 legislative session
Construction Defects Burning a Hole through the Residential Contractors Market, July 2004 Insurance Journal article on the impact of construction defect claims on the design and construction market
Schinnerer Management Advisory, California Calderon Procedures, provides detail on California law requiring a pre-litigation notice requirement between "common interest developments and builders."
Recent Legislation Relating to Construction Defect, 2005 publication that provides summaries of newly enacted state statutes that pertain to construction defect liability reform
Below are several examples of construction defect/right to cure legislative language for your review and use:
Good Samaritan Laws
During a disaster, whether man-made or natural, state
or local governments may not have the resources to respond adequately to the
challenges that confront them. Architects are often willing to volunteer their
time and services if asked by government agencies to ensure the preservation
of a community’s health, safety, and welfare. During such
situations, a licensed architect may be exposed to questions of liability even
though he or she is acting in good faith to preserve the safety of a community.
While most states have statutes that cover certain volunteers from liability
during an emergency situation, it is questionable if these statutes would shield
an architect from liability if he or she is called upon to render professional
services in a time of crisis. This ambiguity needs to be removed through the
passage of “Good Samaritan” legislation. Good Samaritan Law content
on the CD:
State Good Samaritan Statutes, AIA document last updated circa 2000 that contains the good sam statute for each state that has enacted protection for volunteer architects responding to a disaster
2000 AIA California Council Issue Brief, provides information on volunteer response by California architects that have occurred because of the state's good samaritan law
There are two examples of State Legislation included on the CD:
Schinnerer has produced several excellent resources on the importance of good samaritan protection for design professionals. Included on this CD are a good samaritan topic specific newsletter and a letter written to representatives of AIA Washington detailing how to provide volunteer services:
Statute of Repose
Due to the nature of architecture, a building is designed to stand the test time. Indeed, most buildings can have an indefinite lifespan under certain conditions. However, after completion of the work, an architect is powerless to control the fate of a building. In most cases, personal injury can occur due to a situation out of the architect's control, such as improper maintenance of the building. As a result, an architect can find him/herself exposed to a lawsuit for an injury that occurred in a building designed long ago. In order to combat liability exposure with an indefinite time span, a number of states have adopted statutes of repose to limit the time frame a design professional can be held liable for work performed. A statute of repose allows lawsuits to be filed against design professionals for work performed within a specific timeframe after the completion of a construction project. Once the date proscribed by the statute has elapsed, all lawsuits are barred against the design professional. Statute of Repose content on the CD:
Compendium: State Statutes of Limitation and Repose 2nd Edition, 2004 AIA update that contains each states statute of limitation or repose language. Also included are two related documents, a quick reference chart and a duration of repose report. Each of these is broken down by state:
Component Materials, several components have written issue briefs or related materials on the importance of statute of repose language. Included are the following:
Court Challenges to Repose, the constitutionality of statutes of repose has been challenged several times in the recent past. Included on this CD are the following articles that detail the nature of the challenge and its outcome:
Toxic Mold
While mold has been around for millennia, the lawsuits alleging it’s “toxicity” have not. Plaintiffs can (and have) sued anyone even remotely responsible for the construction, design, maintenance or ownership of a building. This target rich environment has only encouraged more lawsuits and has caused some to claim that “mold is gold”. As insurance companies are forced to pay out huge sums in legal awards, the ability of design professionals to obtain liability insurance will become much more difficult. This in turn, will increase the costs associated with the design and construction of a building and ultimately the costs will be passed on to the consumer. Toxic Mold content on the CD:
AIA Talking Points, document that succintly communicates the problem of toxic mold, addresses several common misperceptions on mold in the built environment , and offers several advocacy discussion points
Managing the Risk of Mold in the Construction of Buildings, White Paper developed by the Mold Litigation Task Force of the Associated General Contractors of America that examines mold and its health effect in the built environment
Knee Jerk Leislation a Danger in Mold Debate, article published by the American Legislative Exchange Council on the dangers of elected leaders overreacting to the mold problem
EPA Mold Guide, consumer guide produced by the Environmental Protection Agency that discusses the causes of mold and how to remove and prevent it
NAHB Scientific Study Review, National Association of Home Builders paper that examines the scientific literature devoted to the topic of mold in the built environment, categorizes the studies by topic, and evaluates the topics to reach conclusions on a number of subjects related to human health in the built environment
Insurance Information Institute, actuarial company that has produced several excellent resources on toxic mold litigation and its impact on insurance rates. Included on this CD are:
Insurance Information Institute PowerPoint Presentations:
In addition to the 3 III Presentations listed above, 2 other PowerPoint Presentations are included:
Schinnerer Mold Documents:
US Chamber of Commerce Mold Study:
About the AIA