legal basics for architectural practice
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Don’t
believe that incorporating your firm will shield your personal assets in case
of litigation. Never make a promise about a building—such as “Your roof will
never leak”—unless it’s covered by your liability insurance. Always put a
copyright symbol on your drawings. So advised Charles R. Heuer, FAIA, Esq., in
his Thursday session at the AIA 2012 National Convention in Washington, D.C., “Did You Get
the Owner’s Manual for Your Practice?”
Trained as
both an architect and an attorney, Heuer heads a legal firm that represents
design professionals, and he filled a 90-minute session with the kind of
information architects need “to design happily, without being in legal jeopardy
and financial jeopardy.” And despite a distinct lack of eye candy, his
presentation kept a healthy crowd of attendees scribbling notes and asking
questions.
Heuer covered
the types and relative advantages of different types of business organization
(the superiority of an LLC over an S corporation is “an urban myth,” he said)
and presented capsule primers on contract, copyright, and labor law. In the mix
he sprinkled nuggets of wisdom, any one of which could save an architect a
world of trouble. Make sure your contracts include a time limit. Pay your
interns at least minimum wage. Given the choice of litigation or arbitration,
seriously consider the latter (“You get an informed arbitrator,” not a judge
who may have no knowledge of architectural practice). Don’t think you can get
away with calling your office staff independent contractors.
And about putting
that copyright symbol on your drawings: It’s not to establish your intellectual
property rights--you automatically have copyright on all the work you or your employees
produce--it’s to assert those rights. “I like notice on the drawings,” Heuer
said, and better in the body of the drawing than in the title block. “An owner who
isn’t above stealing your drawings isn’t above cutting off your title block.” –b.d.s.
