The Claims-Free Architect

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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.

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• 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.

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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. 

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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." 

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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. 

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“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.

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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.

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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.

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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.

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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.

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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. 

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• 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.