Architects have also begun to see the value that proactive political involvement can bring to our profession and our individual practices.  

Every State now has an active Government Affairs committee looking out for the best interests of AIA members across their state.  

In Michigan, the Government Affairs committee has been successful in fending off attacks on our licensing act, supporting interior design title registration and pursuing  licensing violators.  We have also been very successful in building strong coalitions with engineers, surveyors, landscape architects, interior designers, building officials and the General Contractors Association.  These coalitions have helped to strengthen our collective voice in Lansing.  As a result of these coalitions, we are jointly pursuing legislation that will benefit architects and engineers across the state.  

AlA MICHIGAN GOVERNMENT AFFAIRS COMMITTEE
The goal of this Committee is to establish a long-range plan to update law affecting the design profession through legislative coalitions. A “Big Picture” approach will be considered involving architects, engineers, landscape architects, land surveyors, contractors, interior designers, and building officials.

This could be achieved by selecting a qualified architecture/engineering firm and then negotiating the appropriate scope of work and compensation package which permits the architecture/engineering firm to produce a successful construction project.

QBS Advantages:

• a well qualified firm is selected

• a scope of work satisfactory to both parties is negotiated

• a mutually agreed-upon price is paid for the services

• a team approach (partnership) between the owner and consultant can be developed so that both parties have an interest in the project's success.

We are currently pursuing a QBS selection process in our State for government projects only.

CERTIFICATE OF MERIT

Architects and engineers face an unreasonable degree of liability exposure for breach of contract, property damage, personal injury, and wrongful death resulting from alleged negligence or malpractice in the course of their duties.  

Architects and engineers, whom most presume to have malpractice insurance, are also likely targets of suits from injured parties who seek relief from anyone that may even be remotely involved in the alleged death, injury, or damage.  

Many malpractice and negligence claims brought against architects and engineers may have no material basis or justification in fact or in law.  Nevertheless, these groundless suits are a source of considerable cost to architects and engineers in terms of direct expenses to defend these suits.  The results are increased insurance premiums, lost productive time, and tarnished professional reputation.

Several states have been successful in curbing the number of baseless claims brought against design professionals by placing the onus of responsibility for screening out groundless suits on the plaintiff.  Several states have adopted “Certificate of Merit” laws, which require the plaintiff to consult with a third party design professional to review the facts of the claim before moving it forward.  The plaintiff must then file with the court, a certificate from the third-party design professional declaring that, based upon their review of the allegations, the third party design professional believes that there is a reasonable basis for the commencement of the action, and that the design professional has liability relative to this matter. 

We are currently pursuing a sponsor and developing language for a certificate of merit rider to be attached to a yet to be identified legislative bill in the House or Senate.

WORKERS COMPENSATION AMENDMENT

This would amend the current workers compensation laws affecting Architect's, Engineers and Land Surveyors only.  

It would provide that no professional or their employees retained to perform professional services on a construction project, could be held liable in any action for injury resulting from a Contractor or Construction Manager who fails to comply with safety standards on a construction project.  

This amendment would provide that no architect, engineer, land surveyor or their employees or a corporation, partnership, or firm offering architectural services, engineering services or land surveyor services who is retained to perform professional services on a construction project, is liable in any action brought for injury resulting from the employer’s failure to comply with safety standards on a construction project for which compensation is recoverable under the law.  

This amendment would not apply when responsibility for safety practices is specifically assumed by contract or by direct supervision relative to the segment of the job which results in the injury.  The immunity provided by this law, does not apply to the negligent preparation of design plans or specifications.

AIAMI is currently pursuing a sponsor and developing language for a Workman's Compensation amendment rider to be attached to a yet to be identified legislative bill in the House or Senate.

SCHOOL CONSTRUCTION LIABILITY

In 1936, Public Act No. 306 was created to safeguard the design and construction of school buildings.  

This law required the state fire marshal to review the plans and specifications and inspect the construction of the school at least twice during construction.  

The Act also made the architect "responsible for constructing the building of adequate strength so as to resist fire, and constructing the building in a workmanlike manner, according to plans and specifications as approved".  

Current Office of Fire Safety plan reviews, include a note which states; "The school building law requires the Architect or Engineer of record to assume all responsibility for the project through occupancy of the facility".  This law imposes construction liability on an architects shoulders that your standard professional liability insurance will not insure. 

In 1998, AIAMI amended House Bill 5654, which repealed Public Act No. 306 and made design professionals liable for only those phases of construction for which they have contracted.  Unfortunately this bill died in committee due to democrat/republican in fighting.  AIAMI attempted to introduce the same language in SB 805 in 1999, however, it was rejected by the Bill sponsor, Senator Rogers.

AIAMI is currently evaluating another opportunity to introduce the same legislation in 2000.  We will keep you informed as plans unfold