For example, an architect might categorize services as pre-design, schematic design, design development, construction documents, bidding/negotiation, construction-phase/observation and post-construction. The following checklist is adapted from the Coalition of American Structural Engineers (CASE):
1. Pre-design phase—a timeline and number of site visits expected.
2. Schematic design phase—structural criteria for geographical studies and systems.
3. Design development phase—may include preliminary framing, layout and structural drawings.
4. Contract documents—assist in establishing testing and inspection requirements.
5. Construction administration—respond to building department and peer review comments.
Reviewing this checklist with the client before signing the contract will go a long way in providing full disclosure and managing expectations.
Incorporating the Scope
The easiest way to incorporate the scope into your contract is to formalize the checklist as an addendum or exhibit added to the contract with an appropriate reference within the body of the contract.
A separate addendum should be prepared to itemize what you consider critical services you offered to perform but that will be performed by others or will not be performed at all. Note in your contract that you offered to perform these services but the client declined to utilize your services in these areas.
Try to include an indemnity clause that holds you harmless from any damages, liabilities or costs arising out of or connected to you not providing these services. If you are unable to get the client to agree to a formal indemnity agreement, note in your contract that you assume no responsibility to perform any services not specifically listed in your scope of services.
Armed with a basic scope of services checklist will help better prepare you to ask the right questions to draw up a contract that meets everyone’s expectations, help to reduce professional liability, and increase your fee.
Alfred Zarlengo is an account executive in the Professional Liability department at Van Gilder Insurance Corp., a privately held insurance brokerage firm serving the Rocky Mountain region for more than 100 years. Zarlengo specializes in design professionals and environmental consultants, and is a member of the Professional Liability Agents Network (PLAN), which contributed information for this article. For more information, call 800-873-8500 or visit www.vgic.com.
