AIA Standard Contract B101-2017 Provisions During a Pandemic – Commentary 04.09.21

AIA Webinar: The Path to Success: The Architect’s Guide to COVID-19
(Recorded on January 11, 2021 at 12:00PM CT: The Architect’s Guide to COVID 19 – YouTube)

This is about standard contract provisions during the pandemic. 

This seminar is still deemed essential for practicing architects and professionals in related fields, as we are living in this pandemic time with progressively advanced sciences and new vaccinations. We still strive to move forward with our professions. As with other professions, we encounter loopholes and road blocks. 

Professional and legal advice are crucial in dealing with AIA Contract Documents in the architect profession. Please kindly view the following comments discussed pertaining to the B101-2017 Standard Form of Agreement Between Owner and Architect as well as situations delayed due to the pandemic.

During the start of this pandemic, where times were uncertain and proposed projects were put on hold, some large firms having a satellite office location already had an advantage to continue with work production. Also, firms already having multiple office locations were able to shift around their employees’ roles and assist on projects locally based, which would compensate for the early days of travel bans. 

On the construction sites, virtual zoom live recordings would help assist those that needed in-depth surveying and record tracking of observations in check. 

With construction delays, material shortages, work stop orders, and financial budgets, contractor bids have become more highly competitive for current projects. Fees have increased to accommodate for all these situations. 

As practitioners handle these situations legally, they must still strive for a standard of care as they evaluate work and quality assurance, even if they may have to hire additional services or terminate staff numbers. 

Per the AIA seminar discussion, here are some pertinent concerns to keep in mind:

  • In the B101-2017 Agreement, Sec. 2.2, The Architect’s standard of care “shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality… under the same or similar circumstances”. *The Standard of Care forces practitioners to rethink about our designs for the future.
  • Risk Shifting Provisions: Favoring the Owner: As we can understand that fees, scope of services, project schedule, and milestone dates are all impacted by the pandemic, the pandemic nor its impacts shall increase fees or entitle the Architect or Subconsultants for additional compensation or for any unprecedented damage. 
  • Risk Shifting Provisions: Favoring the Architect: Due to the B101-2017 Agreement, if changes or delays occur due to the pandemic during the date of the Agreement, the Architect shall be entitled an adjustment in compensation and in the Architect’s schedule. 
  • Contract Clause: A new clause was discussed on addressing impossible issues that are uncontrollable including war, riots, insurrection, hurricane, etc. This clause will cover these instances as “force majeure events” strictly enforced.
  • B101-2017, Sec. 3.1.3 on the Architect submitting a schedule for performance services for an Owner’s approval: This also states that, “once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause”, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule.
  • Section 3.6.2.1, the Architect shall visit the site at intervals appropriate to the stage of construction, etc. 
  • Work evaluations: communication, limit site visits, working hours, virtual, etc. 
  • Additional services: 4.2.1 Architect shall notify the Owner …. and with written authorization for material changes in the project.

These bullet points listed are some of the essential points to be taken in concern as we are continually learning how to progress with safer measures of working during the pandemic. 

As per the video discussion, we take home ideas on how architecture firms have been impacted and how they have made special adjustments in order to survive this revolution we are still living through.  

For more info on document contracts, https://aiacontracts.org/learn

“Apres Ski” Version of Outdoor Dining in Chicago’s Winter

A few summers ago, I interned at the City of Chicago with the Department of Buildings, Easy Permit Department, and the Electrical Signage Permit Department. As I electronically processed applications and forwarded them to the appropriate department advisors for approval, the number of outdoor permit requests was not deemed as urgent priority for the restaurant industry.

Since the world has turned upside with such bizarre, unpredictable circumstances, restaurants have been trying to do everything to stay above the shallow line. Not only are permit approvals for outdoor dining desperately needed, but also permits are needed for tents, overhangs, signage, and curbside pickup, as well as extending permits into winter.

As we shudder at the thought of “the windchill advisories”, I can only imagine the mayhem at the City Hall. This would be like imagining the elevation level of the snow capped Rocky Mountains in Aspen rising nonstop, with papers flying everywhere.

As a downtown city dweller, I am pleased to learn of such a magnitude of sponsors, partnerships, and collaboratives working with the city of Chicago, the Illinois Restaurant Association, and other local non-profits.

On August 6th, a webinar Maximizing Your Guest Space, was organized by architects and planners with the Illinois Restaurant Association and City Open Workshop on the focus of reopening restaurants in Chicago for summer 2020.

In compliance with the current CDC standards for the city, Chicago’s “Cautious” Guidance as of 09/18/20, the spacing out of tables with the backs of chairs at six feet, mask and glove-clad staff, temperature checks, and outdoor hostess stands, are guidelines currently or at least attempting to enforce.

This webinar continues with concerns on how can the city leverage open space for equity and community opportunities, while complying with the most updated guidelines as we move forward.

Curbside pick up and take home kits became excellent approaches to keep patrons happy and help generate profits for the industry. This is still currently ongoing for the city of Chicago.

Full street closure plans require tables at at 6 foot in between, then 14 foot min. space between two main sections of tables for pedestrian, biking, and emergency access.

Partial street closures require all of the same above but allow for flexible posts to protect a bikers lane from cars, narrow the field of vision for drivers, and to slow down traffic.

Applying, purchasing, and receiving approval from the City of Chicago for sidewalk permits as well as paying more for extending the time period requested is of major concern today.

ADA access considerations of at least 8 foot clear path in through ways, maintaining constant traffic, leeway for curbside pickup, and unpredictable weather conditions were also thoughts to ponder.

For further viewing of the webinar, please kindly view link.

As we go through a pilot program, we learn, we collaborate with other industries, and we try to do better, no matter what scale.

The next part of this commentary includes locally published articles on where the restaurant industry is at right now. The timing is crucial as we approach season changes and perseverance.

One of the articles below includes guidelines to consider for the future for fire safety outdoors. Another article discusses the challenges of investing in enhanced air filtration devices for tables. Lastly, the idea of “apres ski” is an excellent example of extending outdoor dining into the winter with fire pits and heated benches.

Again, I am pleased to see how much effort the city and the Illinois Restaurant Association both have invested. Hopefully, all this will be a positive example for other cities for a safer, positive path towards the light at the end of this tunnel.

My best of luck! Enjoy for further reading!

Dining With Heaters, Plastic Domes, and Blankets? 08/12

How to Make the Best Out Of Covid Winter 09/11

Uneasy Dance With the Landlord 09/18

Chicago Releases Outdoor Dining Guidelines, But Some Restaurants Worry 09/21

Nonnina, my all time favorite Italian style restaurant 10/02

Winter Design Challenge Winners Announced 10/08

West Loop Restaurant Adds Air Quality Improvements as Temperatures Drop 10/010

Navigating What’s Next… Post-COVID Workplace

What is next? This webinar was an interesting listen in different perspectives with a “first wave” of professionals on the impossibilities to predict what is next. Steelcase sponsored this discussion involving topics on design considerations and safety guidelines. Bar graph statistics were shown on how low percentages were for “pre-COVID” workplace employees on being “mobile”. Twenty percent or less was the highest percentage of employees in this group of demographics. Twenty percent or less. This percentage range shows us how our traditional and “comfort zone” mindsets are not immediately prepared to predict what will happen next for the future of our companies, clients, colleagues, and employees.

When returning to the workplace, without even referring to the bar charts of this webinar, the fact that there will be the same number of people in the building at the same time, will cease and desist. Thus, we have no choice but to allow for flexibility in our work schedules for staggered time periods for employees, clients, deliveries, and visitors to enter and exit, for those that choose to do so. Thus, the “work from home” phenomenon will surface more and more and become more of the daily norm.

While we watch the “work from home” phenomenon become a phenomenon, we also need to take action immediately, prepare, and strategize the increasing needs for safety in the office spaces. Our new strategy would also be based on adapting to the interior health and safety standards for each person entering, utilizing, and leaving common, shared spaces. These would not only include workstation cubicles, offices, but also the breakroom, corridors, stairways, fire escapes, lobby entrances, restroom spaces, etc.

Overall, our workplace needs to actively take action, become more resilient, offer accommodating standards proved legal by the city and state codes, abide all safety protocols, and training for still managing public office spaces for those that still prefer to work at-office or are deemed as “essential” workers. Basically our workplace during the “first wave” would probably deem as collaborative forces working together to make the environment safer.

Also, our workforce will need to be “fluid” and be open for new technologies and corporate advances to help improvise the wants of those that prefer to work “in-office”. The idea of struggling with work productivity and communication at home comes up as another topic. This webinar broadly covers practical ideas in all these areas to ponder, as this is all open-ended as an ongoing “project” to brainstorm.

Our competition for better health, safety, and wellness begins right now, just as architects practice architecture abiding health, safety, and welfare (HSW) codes, legally and in compliance.

Webinar Link