Tuesday, July 14, 2009

Relevance - July 2009

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July 2009
In this issue
  • Practice Advisory
  • Legislative Update
  • IPD (Integrated Project Delivery)
  • Capitol Forum Update
  • Council News
  • Resources
  • McGraw-Hill Corner
  • Passings
  • Chapter Events

  • Dear Will,

    We are happy to announce our new partnership with the State Compensation Insurance Fund (State Fund). This is a great member benefit and saves AIACC members money on their workers compensation premiums through our Group 707. Please contact us or your insurance broker for information on how to move your insurance coverage into The AIACC Group 707.

    Just a reminder to be sure and register for the upcoming Monterey Design Conference, October 9- 11, 2009. Registration available online soon. This is going to be a great conference and you do not want to miss the great line up of speakers and valuable exhibitors. For complete MDC information please click here.

    For all those with continuing education questions regarding the mandate related to accessibility, please visit the website for important information regarding this issue. Also, be sure to check out the white paper recently published by the Capitol Forum Access Codes and the California Architect.

    As always, please contact me should you have any questions or comments.


    Best regards,


    Paul W. Welch Jr., Hon. AIA
    AIACC Executive Vice President



    Practice Advisory

    The Lowdown on Limitation of Liability Clauses
    Courtesy of XL Design Professional Group

    Do you have a limitation of liability clause in your contract? Have you looked at it lately? Here's how to make sure it will stand up in court.

    You've heard it before: negotiating a limitation of liability (LOL) clause in your client contracts is one of the most effective strategies for managing risk and preventing loss. But what you may not realize is that not just old LOL clause will do. Some LOLs, while not exactly harmful, aren't effective either.

    Courts look very carefully at limitations of liability. Generally, if the LOL clause is agreed upon by parties of relatively equal bargaining strength and is clearly drafted, it will be enforceable. An exception would be the existence of a state law to the contrary or a determination that enforcement of the limitation would be unconscionable.

    You and your attorney should make certain that your LOL provision is suitable for your projects and jurisdiction (not every jurisdiction accepts LOLs). Keep in mind the following points:

    • The clause should make clear that you and your client reached agreement on it and that the dollar amount was negotiated.
    • Highlight the clause in your contract in some way, e.g., bold type, italics, or a place for your initials and those of your client. This is most important when the client is small, unsophisticated or of unequal bargaining strength.
    • Set a reasonable dollar limit, e.g., "$50,000 or the consultant's fee, whichever is less." Don't try to limit the liability to an amount that a court would find unreasonable.
    • The clause should clearly state that it applies to every legal theory or cause of action, including negligence, breach of contract and warranty. It should also state that it is enforceable "to the fullest extent permitted by law."
    • Keep the LOL clause separate from any indemnification clause in the contract.
    To read this article in its entirety cli ck here


    Legislative Update

    AIACC Works with CCASLA in State Capitol

    Governor Schwarzenegger has proposed eliminating the body that licenses and regulates the profession of landscape architecture and to transfer those duties to the California Architects Board. This proposal was made with the argument that it would save the state money, and that landscape architecture is a subset of architecture. The AIACC joined the American Society of Landscape Architects (CCASLA) earlier this month to testify against this proposal before the Senate Business & Professions Committee (Senate B&P). The AIACC and CCASLA argued that the two professions are different and require separate regulatory bodies, that no state money would be saved, and it would force the architects, through licensing fees, to subsidize the regulation of the landscape architects. The Senate B&P Committee has recommended that the State Senate reject the Governor's proposal.

    AIACC Sponsored Legislation Continues to Advance

    The AIACC's two sponsored bills continue to advance through the Legislature. AB 623 (allowing the California Architects Board to require broad HSW continuing education) and AB 1145 (allowing the California Architects Board to increase the architect licensing fee, which hasn't been raised in 20 years) were heard and passed by the Senate B&P Committee. Amendments were added to AB 623 so that, in addition to giving the CAB the authority to require broad HSW continuing education (CE), to make changes to the existing accessibility CE law. If AB 623 is signed into law, architects renewing their license in 2011 will not have to send to the California Architects Board describing the accessibility course they took. Instead, they would have to keep the form for two years and submit it to the Board upon request. Additionally, it contains an exemption for new architects (architects licensed for less than a year). Both bills still must be heard in the Senate fiscal committee and the full Senate before being sent to the Governor for his consideration.


    IPD (Integrated Project Delivery)

    Integrated Project Delivery : Technology's Collaborative Power

    By Zigmund Rubel, AIA, Anshen+Allen Architects

    Harnessing the collaborative power of technology requires an integrated team. As we look at embracing building information modeling, (BIM) there is no clear structure of who owns the model nor which model governs in a particular situation. There are two basic model types--design and fabrication--each of which has a different purpose, although they share the desired outcome of facilitating the design and construction of a project.

    However, the models need to be compatible to give the project the value they both have. In our new world of accountability and predictability, we need the constructor and the designers working together to reduce reactivity and allow us to model once and get the detail right from the outset. In order to leverage the unique skills of the architect as "generalist," it is logical to expand the team with a specialist focused on building- and system-specific know-how. Assembling an integrated team is the first act of integrated project delivery, (IPD).

    Click here to read this article in its entirety

    Note: This article originally was published June 11, 2009 in Commercial Property News

    Building Information Modeling & Integrated Project Delivery - An Advantage to Your Business in a Challenging Economy

    The design and construction industry is changing for the better. Companies that have embraced BIM and IPD are reaping benefits on the design, delivery and operation of every project. Tangible, measurable and repeatable results.

    The 2009 Business of BIM Conference, will be held September 21-22, 2009, in San Francisco and is presented by McGraw-Hill Construction. This event will provide you with an in-depth look at McGraw-Hill's research on the specific business aspects of BIM and IPD, with a focus on benefits, emerging contracting strategies, and actual case studies. Click here to register.


    Capitol Forum Update

    How do Accessibility Issues Affect Your Practice

    California architects work under a complex set of rules and guidelines for accessibility design and construction. The Capitol Forum has recently published a white paper Accessibility Codes and the California Architect which examines the impact of the myriad of guidelines on the architectural profession. This paper, first in a series, will be used as a catalyst to begin discussions with the disabled community in order to develop a comprehensive plan of action.

    Click here to download the white paper.


    Council News

    Off Grid 2.0 Ideas Competition - Entry Deadline July 30, 2009

    It's not too late to enter Off Grid 2.0: "Healing the Damaged Edge", the open ideas competition for all residents of California to further the general public's understanding about the synergistic relationship between the built and natural environment. The issues are examined as they relate to a site near the Golden Gate Bridge in the San Francisco Bay Area. Awards will be considered in two categories: Student and Professional. The most highly ranked submissions will receive cash prizes totaling $12,500. The award recipients will receive recognition as the "2009 William Turnbull Prize" recipients at the 2009 Monterey Design Conference. Submissions are due July 30, 2009.

    For more information about The California Architectural Foundation or the Off-Grid 2.0 Ideas Competition, please visit the new CAF website at www.caf- e.org, or contact Melissa Harper-Barton via email at mharperbarton@aiacc.org.

    2009 Monterey Design Conference

    Mark your calendars for the 2009 Monterey Design Conference, October 9-11, 2009. Join conference moderator, Bob Ivy, FAIA, and featured speakers:

    • Dan Bishop - Production Designer, Mad Men
    • Neil Denari, AIA -Neil M. Denari Architects
    • Francine Houben, Hon. FAIA - Mecanoo Architectecten
    • Rick Joy, AIA - Rick Joy Architects
    • Stephen Luoni, Assoc. AIA - University of Arkansas, Community Design Center
    • Thom Mayne, FAIA - Morphosis Architects
    • Nader Tehrani, Office dA, Inc.
    • Gilles Saucier - Saucier & Perrotte Architects
    • Kazuyo Sejima, SANAA
    The conference will be held at Asilomar Conference Grounds in Pacific Grove October 9-11.

    In keeping with tradition, attendees can look forward to dynamic keynote speakers, California's innovative emerging talent and reflective discussion from the profession's experts. Additional activities include The AIACC's Health Safety and Welfare Academy (HSW), Exhibitor Marketplace, Home Tours and more. AIA/CES continuing education learning units will be available. Registration will be available in mid-July at www.aiacc.org .

    2009 Design Awards

    Join us at The Monterey Design Conference on October 9th to celebrate the 2009 Firm, Lifetime Achievement Award, Distinguished Practice Award, and Design Award winners. Additional information is available online at www.aiacc.org .

    2009/2010 Achievement Awards

    Registration in now available for the 2009/2010 Achievement Awards at www.aiacc.org . Categories include the 2010 Firm Award, Lifetime Achievement Award for Distinguished Service, and Distinguished Practice Award. The deadline to register is July 17th and the submission deadline is August 7th. Additional information is available online at www.aiacc.org .


    Resources

    The Built Environment Around the World

    From 2006 through 2008 Tracy Myers traveled around the world photographing the built environment. Select images from Iran, France & Eastern Europe have been exhibited in San Francisco and Los Angeles. Her image, taken in Iran, "Vertical Glimpses", was awarded 3rd prize in the 2009 Orange County Juried Art Exhibition held in Newport Beach, CA. To view her images from around the world click here.


    McGraw-Hill Corner

    Markets don't crumble, they evolve

    Companies that are able to adapt to this new economic environment will prosper. Recovery is happening, and the organizations that have invested in real-time project data solutions, and streamlining efficient operations to better their business will be best positioned!

    McGraw-Hill Construction helps construction firms, manufacturers, and distributors identify markets of project opportunity and eliminate operation inefficiencies, therefore reducing costs and streamlining operations to survive in this down economy; coupled with giving you the tools to create your action plan when the economy strengthens.

    Our reporting and analysis departments have been in overdrive finding current, reliable, private and public projects for the construction industry. We continue to provide exclusive information regarding current "Shovel Ready" & ARRA projects within the Network and Dodge project database. Dodge reporting doesn't stop when our economy changes, it gets stronger.

    McGraw-Hill Construction's Value Proposition will help you gain a complete business advantage by building project pipelines, dealing with risk management, diversifying your portfolio, and creating brand awareness.

    Get Smarter - Know what direction the industry is heading locally & nationally by using our Market Reports, forecasting services and Annual Outlook Conferences.

    Get Seen - Build your company's market presence and identity by creating an online, print and event marketing program. Take advantage of our Regional Publication, (ENR) Engineering News- Record, GreenSource and more that suit your needs.

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    Do Work - Let our Project Document Manager (PDM) bid process and document management tool reduce your project risks and improve workflow.

    For more than a century, McGraw-Hill Construction has been North America's leading provider of project news, media solutions, document management, and market analysis to the construction industry. We've earned this leadership position by partnering with 30,000 customer firms to provide comprehensive, accurate and timely project information that gives our customers a competitive edge.

    Please call 800-393-6343 or visit www.construction.com for more information.


    Passings

    Homer Delawie, FAIA

    Homer Delawie, FAIA, passed away on June 26, 2009, he was 81. Homer Delawie was headed for a career in forestry before a vocational test steered him to architecture. He made his mark with modern designs that embraced nature and with well-known projects in San Diego, including SeaWorld exhibits and the fountain plaza at Balboa Park. His work can be seen at Coronado's Ferry Landing, the San Diego Zoo and in postwar modern houses featuring huge glass walls, wood siding and dramatic designs that made the dwellings appear to float over lush canyons. His passion for architecture and belief in community involvement spurred his activism with the city's Historic Resources Board, the San Diego Planning Commission and the Save Our Heritage Organization, which he helped start with Robert Miles Parker. "He was committed to making the world a better place," said his son Gregory Delawie of Alexandria, Va. "He loved to create beautiful buildings and spaces that people would enjoy."


    Chapter Events

    AIA Central Valley

    Upcoming ARE Seminars

    September 12, 2009
    Program, Planning, & Practice
    9:00 a.m. to 4:00 p.m.
    Lionakis

    October 3, 2009
    Mock Oral/CSE Prep
    8:00 a.m. to 2:00 p.m.
    IACV Gallery

    For more information and to register click here.

    AIA East Bay

    7/23/09
    Pleasanton Lunchtime Learning: Passive Energy Buildings for California Climates

    Dan Johnson will illustrate passive design principles by applying the Standard to several prototype California buildings.

    Click here
    for more information.
    Time: 12:00 Noon - 1:30 p.m.
    Location: Dahlin Group
    5865 Owens Dr.
    Pleasanton
    Contact: 510/464-3600
    Cost: None / this program is open to everyone / 1.5 CES/LU
    Click here to RSVP.

    7/24/09
    COTE Forum: BEM, BIM Tackling Green Building and the Future of Virtual Design

    Professor John Haymaker from Stanford University will discuss how building information modeling can help you adapt to current codes, green building requirements and much more.
    Time: 12:00 Noon - 1:00 p.m.
    AIA East Bay Chapter Office
    1405 Clay Street, Oakland
    Contact: 510/464-3600 or Hafsa Burt, AIA
    Cost: None / This program open to all / 1 CES/LU

    7/29/09
    Monthly Program: Inaccessible - Violations of the ADA

    A panel discussion of misinterpretations, violations, and misapplications of the ADA in the built environment.
    Time: 5:30 p.m.
    AIA East Bay Chapter Office
    1405 Clay Street
    Oakland
    Contact: 510/464-3600
    Cost: $15 for AIA East Bay chapter members / $30 for non-members / 1.5 CES/HSW LU (MCE)
    Registration is Required. Click here to register.

    7/31/09
    The Use and Application of the California Historical Building Code

    Hosted by the California Preservation Fund. Co- sponsored by the AIA East Bay
    Time: 9:30 a.m. - 4:00 p.m.
    AIA East Bay Chapter Office
    1405 Clay Street
    Oakland
    Contact: California Preservation Fund at 415/495- 0349
    Cost: $115 for California Preservation Fund Members and AIA Members / $140 for non-members / 5.5 CES/LU (1 MCE)
    Registration required. Click here to register.

    AIA Inland California

    July 23, 2009
    ADA Course - Learn the Essentials of ADA and CBC Access Requirements

    Time: 7:00 to 8:30 p.m. (1.5 hours)
    Lions West Community Center
    9161 Base Line Road
    Rancho Cucamonga
    Cost: $35 AIA member / $50 non-member
    Attendees will learn about current D isabled Access Guidelines, path of travel including various importa nt features, clearance values and limits and the reasoning behind them.

    AIA Los Angeles

    7/15/09
    2009 AIA/LA Design Awards Call for Entries

    The 2009 Design Awards call for entries deadline has been extended to July 15, 2009.
    Click here to download the Call For Entry Guidelines.

    7/24/09
    The 2009 AIA/LA "BUILDING LA'S FUTURE" Breakfast Series

    Gerry F. Miller
    Chief Legislative Analyst
    City of Los Angeles
    8:00 a.m.
    NBBJ
    523 West Sixth Street, Suite 300
    Los Angeles, CA 90014
    t. 213.243.3333
    Click here for more information.

    7/30-31/09
    "BIM CON ! FAB" - 3RD AnnualUSC Symposium on Building Information Modeling + Construction and Fabrication

    Co-hosted by the AIA/LA Computer Committee
    For more information click here

    AIA Orange County

    7/15/09
    Parking Day 2009 Planning Meeting

    Time: 6:00 - 8:00 p.m.
    LPA
    5161 California Ave., Suite 100
    Irvine, CA 92617
    Join the AIA OC - Committee on the Environment for the kick off meeting in planning "PARK(ing) DAY 2009". Started in 2005, Rebar, a San Francisco based art collective, created the first "PARK(ing)" project by transforming a metered parking spot into a temporary public park, briefly expanding the public realm and improving the quality of urban human habitat. Rebar's goals were to test the range of occupancy activities in a metered parking space, to encourage people to rethink the way streets are used, and to temporarily reclaim a portion of the street from the automobile. In building on the legacy spurred by Rebar- the AIA OC's Committee on the Environment, & the USGBC OC's Emerging Green Builders have joined together PARKing DAY to life here in Orange County.

    7/23/09
    Insulated Concrete Walls, Where Energy Efficiency Meets Sustainability

    Time: 4:00 - 6:00 p.m. / Check -in at 3:30 p.m.
    Cost: Members $25 / Non-Members $55
    Learning Units: 2 HR AIA CEU
    Presenter: Randy Daniels, Commercial Sales Manager West | ARXX Corporation
    The sustainable ongoing strength and durability of concrete is a proven fact. When concrete is married on both sides to one of the most effective insulation materials known, foam; the effect is dynamic. An energy efficient thermal reservoir; reducing heating/cooling loads on average 46%.
    Click here to register.

    7/29/09
    July Meeting - "Experiences Unfolding"

    Time: 6:00 - 7:00 p.m. / Check-in begins at 5:30 p.m.
    Utilizing the "on-site design charrette" to generate viable development opportunities and anticipate the users' experience, designers actively engage clients in the collaborative design exploration process.
    Presenters: Ron Van Pelt, Senior Vice President, WATG / Bryan Algeo,Vice President, WATG
    Cost: Members $15 / Non-Members $30
    Click here to register.

    AIA Redwood Empire

    August 5, 2009

    ADA Program

    Glaser Center
    547 Mendocino Avenue
    Santa Rosa

    The cost of this program is extended to all AIA Members, not just local chapter members.

    AIA Member 1 Hour Program No Lunch
    12:00 - 1:00 p.m. / Free

    AIA Member 1 Hour Program with Lunch
    12:00 - 1:00 p.m. / $12.00 ($13.29 with service fee)

    Non-Member 1 Hour Program with Lunch
    12:00 - 1:00 p.m. / $37.00 ($38.92 with service fee)

    Non-Member Full Program with lunch
    12:00 - 4:00 p.m. / $165.00 ($170.12 with service fee)

    AIA Member Full Program with lunch
    12:00 - 4:00 p.m. / $135.00 ($139.37 with service fee)

    Click here to RSVP.

    AIA San Diego

    7/23/09
    AIA San Diego 2009 Barstool Committee presents "BARchitecture"

    Sponsored by T.B. Penick & Sons
    Fellowship, architecture and a cold one! What could be better than that? Join us every month at some of the hippest and architecturally significant bars in San Diego!
    Side Bar
    536 Market Street, Gaslamp
    5:30 - 7:30 p.m.
    AIASD Members are FREE; Non-Members are $12
    Click here to reserve your spot on the guest list and your first drink is FREE!
    First round hosted by: LightStyle

    7/25/09
    archi[CHAT] presents San Elijo Nature Center
    Brought to you by Zagrodnik + Thomas Architects, AIA
    Join us for our first ever breakfast[CHAT] - we'll be enjoying bagels, coffee, great architecture and nature all at the same time! Does it get any better than that? 2710 Manchester Avenue
    Cardiff-by-the-Sea, CA
    9:30 - 11:30 a.m.
    AIASD Members are FREE / Non-Members are $12
    We're expecting a great turnout for this so click here to RSVP now!
    Parking is limited so please use street parking.


    7/31/09
    Professional Practice Seminar: Emerging Modes of Practice
    With the downturn in the economy and its effect on the construction industry, these are trying and difficult times. However this is also an opportunity for architects to retool, rediscover, expand influence and knowledge, and diversify our skills. Invest your day in hearing from the most cutting-edge architects and design professionals on transitioning your firm with today's technology and alternate career paths to take in the process! Earn up to 5.0 AIA LU's
    8:30 a.m. - 4:00 p.m. (half-day options available)
    Discounted AIASD Member price: $30 for the entire day!
    Click here for more info and to register today!!

    7/31/09
    Nominations Due for AIASD's 2009 Distinguished Service Awards

    The Distinguished Service Awards recognize those individuals or firms who have provided exemplary service to the Chapter within the last twelve months.
    Download the Nomination Form for descriptions of each award and eligibility requirements!
    Submit nominations to AIA San Diego: Fax 619.232.4542 or via email at info@aiasan diego.org
    The Distinguished Service Awards will be presented at the 2009 Annual Membership Meeting. Date and location to be announced at a later date.

    AIA San Francisco

    September 1-30, 2009
    2009 Architecture and the City Festival


    The American Institute of Architects, San Francisco chapter (AIA San Francisco) and Center for Architecture + Design announce the sixth annual Architecture and the City festival, taking place September 1-30, 2009. For more information on this upcoming event click here.

    September 12-13, 2009
    2009 San Francisco Living: Home Tours

    For more information on this event click here.

    AIA Santa Clara Valley

    10/2/09
    Seismic Event- Designing for Earthquakes workshop

    Join us for a full-day workshop on Friday, October 2, 2009, at Stanford University from 8:00 a.m. to 5:00 p.m. Event presenters are distinguished leaders in earthquake design and engineering research. The audience which includes architects, engineers, contractors and builders, property owners, facility managers and vendors. Some of the topics will include: designing resilient sustainable structures, seismic retrofits, regulation and safety codes and new techniques in earthquake engineering. For information about the event (agenda and speakers), registration, and sponsorship visit the AIA SCV website at www.aiascv.org.
    AIA members and EERI members qualify for member registration fees. Early-bird registration ends on 8/27/09. AIASCV is collaborating with the Earthquake Engineering Research Institute, FEMA, and the Blume Earthquake Engineering Center. The presenting sponsor is Walters & Wolf. To view the event press release click here.



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