Tag: The AIA California Council

Indemnification Legislation Close to Being Introduced

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in: Government Affairs / 3 Comments

The AIACC has developed legislative language to provide design professionals indemnification/duty-to-defend relief in the post-Crawford world.

Simply put, the California Supreme Court ruled in Crawford a few years ago that unless contract language specifically states otherwise, a contractual obligation to indemnify includes the duty to defend upon demand by the client whenever there is a claim damage was caused in part by the work of the architect. There is no requirement that an architect must be found negligent before the duty-to-defend obligation can be executed.

This, of course, puts architects and other design professionals at great risk as this type of obligation – the design professional serving as an insurance company for legal services for the client – is not covered by your professional liability insurance.

AIACC members have asked the AIACC to address this issue with the California State Legislature, and the Board of Directors agreed at its November meeting and instructed AIACC staff to work to have legislation introduced to amend California’s indemnification law so that it does not automatically include the duty-to-defend in the absence of negligence having been determined.

Our friends at the American Council of Engineering Companies – California (ACEC-CA) have tried to address the post-Crawford indemnification law with the Legislature, with the support of the AIACC, but the Legislature was not willing to make any significant, meaningful change to the law that offers statutory protection to design professionals.

 

The AIACC Announces the Release of Whitepaper Regarding Possible Restructure of Division of the State Architect (DSA)

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in: AIACC / 2 Comments

Maximizing California’s Resources: Recommendations for a Stronger
Design and Construction Industry

Sacramento, CA- March 17, 2011 — In furthering past efforts to actively engage State Government in helping find ways to be more effective and efficient, The American Institute of Architects, California Council (AIACC) has published a whitepaper; Maximizing California’s Resources: Recommendations for a Stronger Design and Construction Industry. It presents a comprehensive vision which includes specific recommendations for building a stronger DSA, furthering the role and relevancy of the State Architect in California’s government. The whitepaper is intended to be a first-step toward assisting state government leaders in addressing the myriad of issues regarding planning, design, and construction affecting the quality of life for California’s citizens and its economy.

As a consequence of California’s current budget crisis, and the cuts the state is facing, which in turn will affect programs and services that benefit our communities, efficiency and effectiveness in the built environment has never been more important.

Architectural design has the inherent ability to solve problems that are physical, as well as social and economic. Without direct internal access to government decision makers, the AIACC cannot affect the transformations needed that ultimately effect the greater community at large. Transformations such as new delivery methods that are more efficient and cost effective, designs that go beyond sustainable, and post occupancy evaluation tools that impact future designs for better building performance, are key to our goal for a preferred future. Former State Architects, as well as architectural practitioners, involved in the development of this white paper, recently stated the value of its contents.

“The AIACC has shown responsible leadership in preparing this important, and much needed set of recommendations for maximizing effective utilization of the State’s design and construction resources for the benefit of California’s citizens.” Barry Wasserman, FAIA, Former California State Architect 1978 – 1983.

“I am pleased to endorse the efforts of the AIACC in producing this important white paper. The fragmentation of the State’s design and construction process over the years has increased costs to California taxpayers through over regulation and burdensome duplication of services. There is no single trusted advisor for the Governor, or the legislature, to acquire accurate advice for the industry. Now that the State of California is facing unprecedented infrastructure, budget and environmental issues, the time has come to consolidate design and construction into one entity and restore the Division of the State Architect to the role it held during the previous Brown Administration.” Paul Neel, FAIA, CDS, Former California State Architect 1989 – 1991.

“I applaud and support the AIACC’s efforts to strengthen and reinvigorate the role of the State Architect. Architecture, and its positive impact on society, reflects the values of our State. By restoring the role of the State Architect to one of leadership and prominence, we are expressing pride and an elevated standard for our public buildings and an optimistic outlook toward California’s future.” Steve Newsom, AIA, LEED AP.

This whitepaper offers some important suggestions that if considered and implemented could make a marked difference in the quality and cost effectiveness of planning, design, and construction services for future state funded and supported projects – and in many ways the future of the profession itself. Visit AIACC.org to review the whitepaper.

 

AIACC Surveys Candidates for National AIA Office

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in: AIACC / 0 Comments

As a candidate for National AIA office, you may have an opportunity to have a leadership role in The American Institute of Architects. The AIA California Council is soliciting your thoughts regarding several issues of interest and concern.

This letter is being sent to all candidates for National AIA office. In order to enable us to post the questions and your responses on AIACC’s website in time for review by delegates to the AIA Convention in New Orleans, we need your reply by Wednesday, April 27, 2011. Please reply in the form of an electronic Word document to Paul W. Welch Jr., Hon. AIA, AIACC, Executive Vice President at pwelch@aiacc.org. The responses will be posted on the Council’s website, Friday, April 29, 2011. National AIA, AIA regions, and component leadership will be notified accordingly.

Please limit your response to a total of no more than four pages.

  1. There have been significant organizational and staffing changes at the National component that have positioned the organization in a new direction. As a volunteer leader, how can you best leverage these changes to respond to the issues facing the profession?


  2. Across the country, the demographic analysis of the architectural profession is aging. This coupled with the low numbers of architects entering the profession will have a significant impact on both the future of the profession and the AIA. What can the AIA do to influence the outcome?


  3. The AIA has spent a significant amount of time planning strategically for the future and positioning the organization to have a meaningful impact on issues important to the profession. As a leader, how do you define ‘design’ and in what ways do you envision AIA ‘driving positive change’?


  4. While states regulate the use of the title “architect”, many professionals, especially those entering the profession, are responding to societal needs and practicing outside the traditional definition of practice. Clearly, while protecting public health, safety, and welfare are the fundamental premise for an architectural license, there appears to be an inherent conflict in how others narrowly define architectural practice. What is the AIA’s role in this issue?


  5. While sustainability is a primary interest of the profession, there continues to be a lack of demonstrable evidence, building the business case for “green design”. How can the AIA “mainstream” sustainability and the architect’s role, in the public consciousness?

On behalf of the AIACC, thank you for taking time from your busy schedule to respond to these questions. If you have any questions, please contact Nicki Dennis Stephens at 916.642-1703, or Paul W. Welch Jr., Hon. AIA, at 916.642.1705.

We look forward to meeting with you in Miami!

 

Paul Adamson FAIA, Receives Fellowship from the National AIA College of Fellows

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in: Featured Article / 0 Comments

Paul Adamson, FAIA, Senior Associate Design Architect with Hornberger + Worstell in San Francisco, was recently elevated to the National AIA College of Fellows. He has been in practice 25 years, and will be inducted into the College at the investiture ceremony in New Orleans in May, at the National AIA Convention. He is excited about attending this event with his friends and family.

Adamson successfully advocates for appreciation and preservation of mid-century modern architecture, elucidating its lessons and core values, and endorses these lessons through writing and lecturing regarding the application of these ideas to improve contemporary middle-class residential design. He chose to study the tract home developments of the post-war California builder Joseph Eichler, feeling that his mid-century houses went beyond style to express enduring values such as elegantly efficient layouts, community oriented planning and inter-connected with nature. Expanding his explorations to include suburban context at large, Adamson broadcasts his findings to a wide audience by lobbying for its attributes, as well as the application of key principles to contemporary practice.

Adamson has worked in Academic research and communication illustrating the green aspects of design, and has lectured before numerous universities. As a writer and speaker, he has conducted national forums contributing to a growing popular interest in mid-century design. In addition, he advocates for preservation and co-founded DoCoMoMo_noca, the Northern California chapter of the international preservation institution, and has documented the conservation of the modern movement.

Adamson enjoys his work specializing in the design of higher education buildings, due to the social aspect of it. However, he enjoys his other specialty in the commercial side as well due to the complexity of it, as they are both very different types of design and architecture.

He was invited to apply for his Fellowship by his local AIA chapter. The application process took about two months to complete. Adamson states, “It was a fun process going back in history to pull together information from my career past in order to create a meaningful argument as to why one is deserving of becoming a Fellow.” He particularly enjoyed the part of the submittal process in requesting letters of recommendation from his peers, as they are not only flattering, but validation of one’s work. Before this process he was not fully aware of the function of the College of Fellows and its history and advocacy. He encourages anyone to apply for Fellowship as it is not only a vote of confidence, but a call to continue one’s own work as well.

The AIACC announces, and congratulates the fourteen California architects who recently received the distinguished honor of Fellow, and will be inducted into the prestigious College of Fellows at the 2011 AIA National Convention in New Orleans. This honor is awarded to architects who have made a significant contribution to architecture and society, and who have been an AIA member for more than 10 years. In the coming weeks, each new Fellow will be featured in a brief article online. So watch the website for more information about the new recipients; those who can now include the designation of FAIA.