1. Issues in Professional Practice Certification AIC-PC, PMI-CPM Sick Building/Indoor Air Quality- energy efficiency requires airtight construction. This, coupled with increasing use of solvents, adhesives, and synthetics in construction can make for poor quality indoor air. Mold in schools (no air flow) is fasting growing tort arena

2. Issues in Professional Practice Alternative Delivery Systems- design build, CM at risk, public-private partnership, contractor warranty and maintenance bids Expert testimony- projects are more complex and involve more parties, use of experts will grow (can be lucrative) Waiver of claim- designers trying to buy bid waivers- many courts have thrown them out

3. Issues in Professional Practice Important skills People skills (cooperation, creativity, conflict) Ability to read, especially technical material Ability to write, especially technical material Cultural awareness, world view, broadly educated

4. Issues in Professional Practice Avoiding lawsuits Be honest, admit mistakes Add value for those paying you Pay those who add value for you Cooperate to fix mistakes (don’t punish) Don’t get fixated on small issues Understand and listen well Learn that different is not wrong or bad Avoid “standing on principle”- pick your battles

5. Issues in Professional Practice Handle mistakes by apologizing, fixing, learning, and moving on Clauses to review carefully Termination for convenience- usually unilaterally good for the owner Unforeseen site condition risk transfers Delay clauses, ask for a list of excusable types Notice provisions- damage, delay, time period Damage clauses- damage for delay, allowable OHP Consequential damages- loss of use (could be big $$)

6. Issues in Professional Practice Indemnification- review joint liability and indemnification clauses, along with insurance requirements, to make sure you are aware of risk and appropriately covered Flow-down clauses (in subcontracts)- obligations and duties flow down from owner to prime contractor to subcontractor to material supplier, Usually for warranties, service agreements, dispute resolution procedures, parts availability

7. Issues in Professional Practice Pay-When-Paid clauses- subcontractor will not be paid until the owner pays the contractor. Can bankrupt small contractors. Look for phrase “condition precedent” Dispute resolution- contractor and subcontractor can differ on dispute resolution terms. Best to stay out of court. See questions on page 422- all should be answered by the specifications, mostly general conditions (including sub questions)