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J~ZICK[R,$CHNURBU$CH TEL,~o.214-634-3338 Rpr 2,92 17:51 No.O09 P.O1
UNZXC~ER, SCHI~'URBUSCH & ASSO~ATE$~ £NC.
Civil Eng~neer~ * Surveyors - Planners
8700 Stemmons Freeway, Suite 400
Dallas, Texas 75Z47
Phone (214) 634-3300
Fax (214) 634~333~
COMPANY: ~ IT~ o~ C,~~. l
FAX NUMBER: ....
NUMBER OF PAGES (INCLUDING COVER SHEET):
Jo~ .~.~: 9o~.Yl ;' ~J,~.~a~.a~
WE ARE SENDING YOU THE FOLLOWING iTEM(S) :
ITEM 3:
ITEM 4:
WH~ TO CONTACT IN CASE OF' TRANSMISSION ERROR:
Fax Number :_
JNZICKER,SCHNURBUSCH TEL No.214-634-3338 Apr 2,92 17:51 No.O09 P.02
DPIC COMPANieS' GUIDE TO ~
~t~s, ~ ~ ~ ~ESS~L's ~ ~ a ~ ~er m~n in t~ ~t a
~ ~ ~SS~ ~ ~a~ ~ ~t~t~ is i~r~ted to ~ cut~ ~ w~ is i~
~ che~ ~ by ~ o~ tO ~ ~ to ~ ~ ~te 1~, ~t -- ~ R ~
~GN ~ESS~L o~a a d~ ~ c~. that iu ~i~ t~ l~t~ w~ t~ ~r m~n ~t~'
At t~ ~a~, th~ t~ ~ ~i~ aB~s ~ to ~ ~r l~s.
U~ the ~i~ C~s cmtr~t ~ ref~ to ~ ~ts
' ~ ~r ~tentia ~c~s ~. ' -
· C~~ ~ ~ AND ~~ .s~t~, a~ "~-~gt dr~i~.'~t~
· CONHD~~ 'c~ect" ~ '~t~t e~." -~-~lt' c~n~es that
· C~ ~~ ~s re~e~t ~ ~k ~ it ~s ~t,,~l~ ~lt,
D~~
U~ICI~T~
t~ ~ t~ ~t~ ~us~ may re~
~T~ ~ ~ t~ torres, ~ mw to ~ i~
· ~DI~ ~E ~GN P~~ ~~ ~iF~at~s, a~ a lay tr~r d ~t m~ ~ ~kd
· l~s~ ~ to rear a ~cis~, ~i~, ~ n~ ~ t~ t~ms '~-
· ~IN~ ~ P~~: ~~ rect~ s~at~s" ~ 'as-~t ~w~." IasC, r~
· ~I~ ~ ~A~ Thi~, ~c~ ~ ~ y~ r~ ~ans a~ s~~
· T~~ ~ algas c~tain a nm~ ~ ~g ~a[ t~' may
c~i~ in~r~ f~ w~ ~ ~e ~t resist.
It is al~ im~tant to darffy t~ ~s~p d ~
fr q&%' to
r~ ~un~nts, i~ati~ what ~ a~u~]y ~lt. A ~ ~nm infist ~ ret~ ~ship. ~
t~ cl~l~d ~/~ ~ ~fe~ i~ta~e, re~ pla~ ~ s~icat~s may ~ c~st~
~s~ m~ re~ as ~1~: as ~ts, ~ ~us ~ ~ to p~ ~a~ty as
~d to p~e~ liability, an i~ discu~
RECORD D~UME~S ~lb, u~r O~N~SHIP ~ IN~RUME~S
FE~L ~11 ~ f~ a~ ~ tO ~ ~ a~fiate c~ ~s~ may r~
~NER a ~te ~t ~ ~ ~ta. RECORD
This set M ~u~ ~ c~sl~ ~ c~t~ ' '
a~lcat~s a~ ea~ drawi~e a~w~g ~ i U~ ~ti~ ~ ~ ~, the DEaN
~at~ ~ a~ ~, ~ FESSIONAL s~fl c~ fm a~ ~i~
. CLIENT a ~~e ~ of ~ord ~~s
P~lem
f~g ~ inf~at~ ~mi~ to ~ ~S~N
R~ dra~s arc ~ i~ ~ar~.~ m ~mat~. ' P~FE~NAL by c~st~t~ ~tr~.
~urni~ by ~m. ~ ~ i~es it is ~t~l to This s~ of ~~ts s~ll ~sist ~ ~d
'-
~y t~ ~r~y d this i~mti~. In ~ m~s it is s~ati~s a~ ~ord drawi~s s~wi~
i~i~ to ~ a~. ~e ~t~ th~ nm, ~tl ~cu~cy m~ ~at~ of ~. In that ~d draw-
is a rarity. ~w~r, u~ this s~uat~ $ ~ ~ wd[- ings a~ bas~ on ~f~mat~ ~i~
i~, ~ c~ ~ ~ ~abE f;g ~ arising f~ ~ in ofh~, t~ DEIGN P~E~NAL ca~ot
r~ ~un~s, rcga~b~s ~ t~ ~e ~ t~ er~. end d~s not warrant t~k accuray,
~ Io~s in~ved c~ld ~ ma~. F~ ~amp]c. c~ts~
t~ ~ible o~~'es of an ~r~ i~ t~ ]~at~ I.anguag~ app~riate f~ p~fine~t .oti~ ~ e~h
~tge of rcwo~ s~cff~at~; a~ ~awing~ mi~
JNZICKER,SCHNURBUSCH TEL No.214-634-3338 flpr 2,92 17:51No.O09 P.03
This record drawing/or recoe~t speed, cation] resolved through litigation, o' pebbly through arbitration ~s
has been prepared, In part, based upon informs- well. Sixne forms d alternative dispute ms(/ution (Ar)R)
lion fumlebeci by others. While this informetkm Is call for each party to be respcosible far its own costs
believe~ to be relJeb~, the DESIGN PROFE$- (which normally woukl be far miler than those otherwise
$10NAL cannot assure Its accurecy, end thu~ I$ required we~-e litigati~ or artitration employed). In some
not respon~ble gor the acc, urecy of th~ reco~ cases, thc dispute resd~.~er decides how fees and expenses
drawing [o~ reco~ specification] or for any will be shared by disputants.
entre or omiSSionS wh~h may have been incur-
Problem
poreted into it as a result. Those relying on this
In prepadng any cLau~ caJl;r~ for one party to recover
record document are advised to obtain/ndepen- : costs frc~ another, it is essential to c~sider law in the state
dent verification of its accuracy before app/y~ ; d ju~L~ictim, as should be set forth i~ the ai~reem~t.
it for any purpose, Some states may impose an absolute ban m recovery ut
Alternative Solutions legal and related costs; others vid nulli/y a recovery clause
Several alternative sdutions exist. The first weald be to unless equa~ rights are given to beth parties, or will autr~
delete the/,~ovis~ from any cii, rr~-developed agreement, maticalbr give equal rights to both part/es wl'en ordy
but to still irrhde the warning in record plans and unilateral recovery provisions are called for.
sl:ecifr, atiem. Solution
If a client for so'ne reasoa objects to the last sentence o/
The fallowing clause assumes that himess shoaid pre-
the preferred provisioa ("In that reconl doaunents are
vail (er is required by law). and that it is a~/ied as to any
bar:~l on in/urination furnished by off'ers, the DF__~GN
claim, and no~ merely for cdlection d pa~ due invo/ce~;
PROFESSIONAL cannot and does not w~rrant their accu-
racy.''), the sentence feasibly eould be deleted. ~, this RECOVERY OF
may give one cause to wo~er why a client would object to a DISPUTE RESOLUTION COSTS
statement of the d~,as, inserted to help assure there are In the ev~t that legal action i~ brought t)y either
no misun&a'standings about an hnportant issue. I/the pre- party against the other, tl~ prevailing party ~hall
ferred language must be weakened f~ any reastr~ it would be reimbureed by the other for the prevailing par-
be appropriate to irnlude definitions of record plans and ty's legal cost., in addition to whatever other
record specLr~dons in the DEFINITIONS section of yr~ur judgments or seflle~ sums, if any, may be
agreement, an approach that might be valuable in any event, due. Such legal costs shall include, I~ not be
You feasibly may want to strengthen the preferred ~ limited to, reasonable a11omey'# fe,~, court
vision by adding a waiver and indemnification protecting costs, experi witness hme end other documented
you in the event your warnings in record documents are expenses, as well as lhe va/uo of time spent by
ignored. And still another ap~oach wou~ be to restructure the prevailing party and those in his or her ~mlploy
the INFORMATION PROVIDIng) BY OTHERS provision in reeeerching the ie~s in question, discussing
discussed above, to include not only that in/urination neces- matters with attorneys and other,, preparing for
sary to perform the work, but also record decuments, deposition#, re~ponding to interrogatories, and
Also Refer to Discussion so on, The va/ue of t/m~ spent and the expenses
Under the Followi.ng Clauses inc¢rrecl shall, on the DESIGN PROF£SSIONAL',
· DF. FINITIOH$ part, be computed balui~l upon the DESIGN
· IN~ORYATION PROVIDED m' OTHF_2$ PROI=£SSIONAI.'s prevailing fee schedule and
· OWNERSHIP OF INSTRUMENTS OF SER¥1CI/ ~xp~rl$~ reirrlbt/r~!/:N~//cy relet/y8 ~o
recovery of direct project costs.
RECOVERY OF It may .~em like a v,,i~ idea to include recovery for the
DISPUTE RESOLUTION COSTS Yal~ ,,f tine spent, and -- if ~ ~ it ma)' indicate a b/as
Sa~e jurisdictions permit one party to a c~tract to suggesting that architects or engineers woukt always be
recover costs o/suits against the u/her, but usually only right i,a their positioa as to a claim, or at ~ea~ v,~ld alv,~,s
when such a provi.~ is established by. c~mr~t-L R~r the win. In iaea, however, neither may be accurate, and the
most part, such clauses art. applicable (,aly to di.~puws l~urly raw cquivalc, nts of son~' clients can b~. far in exce.~.s