- Draft and negotiate
contracts for design professional services.
- Defend errors and
omissions claims.
- Provide pre-claim
consultation and advice relating to potential errors and
omissions claims.
- Negotiate and resolve
fees due.
- Consult and advise on
environmental management issues.
- Analyze and advise on
business structure of architecture firms.
- Prosecute, defend and
negotiate disputes in arbitration, mediation and
litigation.
- Prepare overall
project planning in conjunction with architect and owner.
- Provide assistance and
legal advice in addressing environmental issues relating
to mold, indoor air quality, hazardous waste and other issues.
PRE-LITIGATION SETTLEMENT OF ERRORS AND
OMISSIONS CLAIM BY EXTENDED CARE FACILITY
An architect was served with a notice of claim - exceeding $1 million -
on an extended care facility. John E. Osborn P.C. promptly retained an
expert to analyze the claim while working with the owner to avert
litigation. Once the review was completed, it was clear that the
mechanical engineer was culpable. Our firm, on behalf of the architect's
errors and omissions insurance carrier, convinced the engineer's
insurance carrier to pay most of the settlement. Resolution was reached
without litigation.
CONTRACT BALANCE CREATIVELY COLLECTED FROM
HOTEL
John E. Osborn P.C. filed a Mechanic's Lien and commenced a lawsuit for
a $150,000 contract balance due to an architect from a hotel. When the
hotel counterclaimed for baseless errors and omissions claims, we
implemented a strategy of bringing the construction management company
owned by the hotel into the lawsuit as a party as a means to reaching
resolution.
CLAIM SETTLEMENT ACHIEVED & CONTRACT BALANCE
OBTAINED FROM SCHOOL DISTRICT
When an architect sought a significant contract balance due
from a School District, the School District asserted a well-grounded
claim for damages due to an error in HVAC design. John E. Osborn P.C.
immediately investigated the claim and confirmed its validity. A claim
settlement was achieved in exchange for the release to the architect of
the contract balance due.
CONTRACTS AND RISK MANAGEMENT PROGRAMS DEVELOPED
FOR ARCHITECTS
Our firm has worked with architects in obtaining better and more
protective errors and omissions insurance policies while drafting more
effective Owner-Architect agreements. In addition to developing
strategies for individual architects, John E. Osborn P.C. has lectured
widely before the Society of American Registered Architects (SARA) and
the AIA in suggesting methods for strategic management. We have
presented "Architects: Better Business Management" and "Architect
Empowerment is a Good Idea for the Owner and Architect," which suggests
placing more emphasis on actively addressing client needs and less
emphasis on limiting scope to diminish risk.