Supplemental Videos Information During Construction

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["b"],["strong"],["a",["name","OLE_LINK12"]],["em"],["a",["href","https:\/\/www.berkleydp.com","target","_new"]],["i"],["a",["href","https:\/\/www.berkleydp.com\/risk-management\/risk-resources\/","target","_new"]],["a",["href","mailto:amendelson@berkleydp.com"]]],"sections":[[1,"p",[[0,[],0,"August 9, 2022"]]],[1,"p",[[0,[],0,"\n\n"],[0,[0],1,"Site Observation"],[0,[],0,"\n"]]],[1,"p",[[0,[],0,"\nThe extent of a design professional\u2019s duty to perform\nproject evaluation through site observation should be defined in its\nprofessional services agreement (contract). Under the standard AIA\nOwner-Architect agreement, the frequency and intent of project evaluation is\ndefined as follows: "]]],[1,"p",[[0,[],0,"\n\n"],[0,[1],1,"AIA B101\u2122-2017, \u00a73.6.2.1"],[0,[],0,"\n"]]],[1,"p",[[0,[],0,"\nThe Architect shall visit the site at intervals\nappropriate to the stage of construction, or as otherwise required in Section\n4.2.3, to become generally familiar with the progress and quality of the\nportion of the Work completed, and to determine, in general, if the Work\nobserved is being performed in a manner indicating that the Work, when fully\ncompleted, will be in accordance with the Contract Documents. "]]],[1,"p",[[0,[],0,"\n\nFurthermore, these observation duties are limited: \n\nHowever, the Architect shall not be required to make\nexhaustive or continuous on-site inspections to check the quality or quantity\nof the Work.\n"]]],[1,"p",[[0,[],0,"\nThe architect has a duty to provide progress updates to\nthe owner and report known deviations from the Contract Documents or the\nconstruction schedule, as well as defects and deficiencies observed in the\nWork: "]]],[1,"p",[[0,[],0,"\n\nOn the basis of the site visits, the Architect shall\nkeep the Owner reasonably informed about the progress and quality of the\nportion of the Work completed, and promptly report to the Owner (1) known\ndeviations from the Contract Documents, (2) known deviations from the most\nrecent construction schedule submitted by the Contractor, and (3) defects and\ndeficiencies observed in the Work.\n"]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"Use of Project Webcams"],[0,[],0,"\n"]]],[1,"p",[[0,[],0,"\nWe regularly caution insureds to be careful with the\nnumber and type of project photos taken during site visits. More is not\nnecessarily better. Progress images should be limited to the view of the\nconstruction component that is the subject of the site observation. Avoid\ncapturing wide-angle views that may inadvertently record aspects of\nconstruction that are beyond the focus of your visit.\n"]]],[1,"p",[[0,[],0,"\nBut what are the implications to you as a design\nprofessional if the owner or contractor places a webcam on the project site\nproviding a 24\/7 video feed of construction progress available to project team\nmembers? Can the presence of such a video feed imply expanded duties of\narchitects and engineers for site observation? "]]],[1,"p",[[0,[],0,"\n\nBecause of the potential risk, we advise you to\nspecifically disclaim any expanded duty in this regard. We recommend that you\nadd the following clause to your professional services agreement if such video\ntechnology will or may be utilized on the project. (The design professional is\nidentified as \u201cArchitect\u201d in this model language.)\n"]]],[1,"p",[[0,[],0,"\n"],[0,[0],1,"Disclaimer of Duty to Review Supplementary Video\nInformation "]]],[1,"p",[[0,[],0,"\n\nThe Parties agree and understand that, during the\ncourse of the construction of the Work, the Owner, Contractor, or other Project\nparticipants may choose to, at their own expense and initiative, make use of\nsupplemental video imagery and information sourced from devices such as project\nwebcams, Unmanned Aerial Vehicles, including but not limited to drones, and\/or\nother videography equipment, in order to obtain visual information and\ndocumentation regarding the state of the progress and\/or quality of the Work\n(collectively \u201cSupplementary Video Information\u201d).\n"]]],[1,"p",[[0,[],0,"\nNotwithstanding the foregoing, the Parties expressly\nagree and acknowledge the following:\n"]]],[1,"p",[[0,[],0,"\n \n\n1. Since\nSupplementary Video Information encompasses only certain limited visual\ninformation and provides neither complete nor comprehensive visual\ninformation\/measurements\/dimensions, nor any tactile, auditory, or olfactory\nfeedback whatsoever, such Supplementary Video Information shall not be used as\na substitute for or required supplement to Architect\u2019s Construction Phase\nservices as defined in Section __, herein, but rather may, to the extent\nprovided and made available to Architect in a reasonably timely,\nlegible, and complete fashion, supplement the other data and information\nobtained by Architect pursuant to Architect\u2019s Construction Phase Services as\ndefined in Section __, herein.\n"]]],[1,"p",[[0,[],0,"\n2. Architect\nshall have no obligation to conduct a comprehensive or continuous review of any\nSupplementary Video Information, but rather may, at its sole discretion, choose\nto review such Supplementary Video Information, or any portion thereof, in\nconnection with the performance of its Construction Phase Services on the\nProject.\n"]]],[1,"p",[[0,[],0,"\n3. Architect\u2019s\nreceipt of any Supplementary Video Information shall not in any way change the\nprovisions of Sections __ and __, herein, to the effect that Architect\u2019s\nobservation of the Work shall be limited to becoming generally familiar with\nthe progress and quality of the Work and to determine, in general, if the Work\nobserved appears to be in general conformance with the Contract Documents based\nupon the Architect\u2019s site visits of the Project during construction pursuant to\nthis Agreement, and that Architect shall not be required to make continuous or\nexhaustive on-site inspections of any kind with respect to the quality,\nquantity, or progress of the Work and, under no circumstances shall Architect have\nany responsibility with respect to the Contractor\u2019s construction means,\nmethods, techniques, sequences, or procedures with respect to the Work or any\nportion or part thereof.\n\n \n\n"]]],[1,"p",[[0,[2,3],2,"Andrew D. Mendelson,\nFAIA, is Senior Vice President and Chief Risk Management Officer of "],[0,[4,5],2,"Berkley Design\nProfessional,"],[0,[3],1," a division of Berkley Alliance Managers which is a member\ncompany of W. R. Berkley Corporation that provides professional liability\ninsurance to design and construction professionals. "]]],[1,"p",[[0,[3],1,"Risk\nmanagement resources for design professionals can be found "],[0,[6,5],2,"here."],[0,[3],1," Andrew may be\ncontacted at "],[0,[7],1,"amendelson@berkleydp.com"],[0,[3],1,". "]]],[1,"p",[[0,[3],1,"Information\nprovided by Berkley Design Professional is for general interest and risk\nmanagement purposes only and should not be construed as legal advice nor\nconfirmation of insurance coverage. As laws regarding the use and\nenforceability of the information contained herein will vary depending upon\njurisdiction, the user of the information should consult with an attorney\nexperienced in the laws and regulations of the appropriate jurisdiction for the\nfull legal implications of the information.\u202f"]]],[1,"p",[[0,[5],1,"Practice\nmanagement recommendations should be carefully reviewed and adapted for the\nparticular project requirements, firm standards and protocols established by\nthe design professional."]]],[1,"p",[[0,[3],1,"Products\nand services are provided by one or more insurance company subsidiaries of W.\nR. Berkley Corporation. Not all products and services are available in every\njurisdiction, and the precise coverage afforded by any insurer is subject to\nthe actual terms and conditions of the policies as issued."]]]]}