AIA Build Pittsburgh 2016 Resilient Design – Considerations of Standard of Care, Contract Compliance & Sustainable Initiatives

Course # BP_16

Michael J. Cremonese, Esq.Paula M. Selvaggio, RPLUEric O. Pempus, AIA, Esq.April 21, 2016

Credit(s) earned on completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

This course is registered with AIA

CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner ofhandling, using, distributing, or dealing in any material or product._______________________________________Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

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CourseDescription

During the past few years, design resilience has entered the architectural vocabulary as a reaction to numerous traumatic weather events: flooding, hurricanes, tornadoes, and earthquakes. Events like these remind architects that no matter how energy efficient a building is, it’s not sustainable if a 25-year flood puts it underwater. This program will examine the standard care in the practice of architecture, how it differs in various contexts such as location, and how the profession is evolving through increasing technology when delivering projects to their clients. Participants will learn how architects are responding to resilient design challenges that impact the health, safety and welfare of the public, and understand that the standard care of their profession can be changed by contract provisions in their agreements, between themselves and their clients. The program will also examine how resilient design requirements impact not only their practice, their clients and also public welfare. 

LearningObjectives

1. Participants will reacquaint themselves with the standard care in the practice of architecture, how it differs in various contexts such as location, and how the profession is evolving through increasing technology when delivering projects to their clients.

2. Participants will learn how architects are responding to resilient design challenges that impact the health, safety and welfare of the public.

3. Participants will understand that the standard care of their profession can be changed by contract provisions in their agreements, between themselves and their clients, including how other professional associations are responding to the changing environment around us.

4. Participants will learn about how resilient design requirements impact not only their practice, their clients and also public welfare, because design resilience has entered architectural practice as a reaction to numerous traumatic weather events: flooding, hurricanes, tornadoes, and earthquakes.

Agenda• What is Resilient Design• Resilient design challenges• Resilient design impact on clients and public

welfare• Reaction to numerous traumatic weather

events: flooding, hurricanes, tornadoes, and earthquakes

• Standard of care in architectural practice• Contract provisions elevating standard of

care

Resilient Design -- Definition• Per AIA

• Design to adapt to changing conditions and to maintain or regain functionality and vitality in the face of disturbance.

• Per the Resilient Design Institute• Resilience is the capacity to adapt to changing

conditions and to maintain or regain functionality and vitality in the face of stress or disturbance. It is the capacity to bounce back after a disturbance or interruption of some sort.

• 3 Concepts • Adaptability, Functionality, Vitality

Resilient Design -- Definition

• Per The Rockefeller Foundation– Constant Learning

• Ability to internalize past experiences linked with robust feedback loops that sense, provide foresight and allow new solutions

– Rapid Rebound• Capacity to re-establish function, re-organize and

avoid long-term disruptions

Resilient Design -- Definition

• Per The Rockefeller Foundation (cont.)– Limited (“Safe”) Failure

• Prevents failure from rippling across systems– Flexibility

• Ability to change, evolve, and adapt to alternative strategies in the face of disaster

– Share Capacity• Ensures that there is a back-up or alternative

available when a vital component of a system fails

Resilient Design

• Design for Potential Disasters– Extreme Weather

• Flood, Hurricane, Tornado, Micro Burst– Earthquake– Extreme Temperatures– Fire Resistance– Failed Infrastructure

• Power Grid, Water Supply, Sanitary Systems

Resilient Design

• Everyday Resilience– Building Envelope

• Properly sealed, properly insulated, proper moisture protection

– Wear & Tear• Doors, Floors, Walls, Equipment

– Building Lifespan

Resilient Design• Design Considerations

– Redundant Energy and Water Sources– Food Production/Storage

• Re-use of rain water• Green roofs• Gardens• Dry Storage

– Addressing Location• Flood Plain, Seismic Zone, High Wind Zone, etc.• Terror Threat

Resilient Design

• Design Considerations (cont.)– Stronger Buildings

• Wind• Seismic• Snow Loads

– Tighter Buildings to deal with extreme temperatures• More insulation

Resilient Design Challenges

• Knowledge of Region– What are the available natural resources

• Water, Sunlight, Wind, Minerals – What are the likely disaster risks– What are the potential disaster risks

• Knowledge of Past/Predicting the Future– What has happened/Why– What may happen/Why

Resilient Design Challenges• Knowledge of Impacts and Consequences

– Flood Walls – where will water go• How can water be directed for re-use

– Swales – will they be large enough for intensity of future events

• Knowledge of Infrastructure Risks– On-Site Energy– On-Site Water– Transportation to and from Building

Resilient Design Challenges• Defining and Accomplishing Client’s Goals

– Knowledge of Intended Use• Hospital in Flood Plain

– Where to locate critical equipment/systems

– Knowledge of Client’s Budget• Greater than Code Required Elements

– Knowledge of Risk Tolerance• Seismic activity

– Knowledge of User’s Abilities• Accessibility

Standard of Care

• Pennsylvania Law– Design Professional Owes Duties that it

Contracts to Perform• Architects’ Licensure Law

– In order to protect the health, safety and property of the people of the Commonwealth of Pennsylvania and to promote their welfare, no person shall engage in the practice of architecture in this Commonwealth except in compliance with the requirements of this act

Standard of Care in Architecture

• AIA B101 (2007)– The Architect 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 Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project

Standard of Care

• Scope of Services – Define Scope– Initial Information Form

• Who, What, When, Where, Why, How, How Much?

• Resilient Design– Why?– What Features?– How and How Much?

Standard of Care• Defining Scope of Services

– Be Clear & Concise• Do Not Be Vague

– Project will incorporate resilient design strategies

• Do Not Be Ambiguous– Project shall be designed to be resilient

Standard of Care

• Do Not Be Overly Broad– Project shall incorporate all reasonably

necessary resilient design principles• Do Not Be Unduly Burdensome

• Investigate and Incorporate all potentially necessary resilient design strategies

• DO NOT GUARANTEE– Never?– Never Ever!

Contract Can Elevate Standard• Warranties and Guarantees

– Design Shall (or will) be . . . • Agreeing to Meet 3rd Party Certification

Criteria– Design shall (or will) meet (or achieve) . . .

• Architect shall implement all necessary . . . • Architect shall design all systems to . . .

Third Party Claims

• Negligence– Agree to Design a Resilient Project

• What was your scope of services– Occurrence of Catastrophic Event

• Was the event reasonably foreseeable– Was there an Injury/Loss

• Was the injury/loss foreseeable• Was failure of the design a cause of the injury• Was failure of the design the proximate cause

Third Party Claims

• Defenses– Contributory/Comparative Negligence– Assumption of Risk– Superseding/Intervening Cause

Third Party Claims

• Negligent Misrepresentation– Representation of Fact– False (not intentionally)– Reliance upon Representation– Justifiable Reliance – Injury (economic)

Third Party Claims

• Hypothetical– Agree to Design a riverside condominium

project to withstand flood– Super Storm occurs and causes Flooding a

half-mile from river– Building Systems are damaged– Road access is cut-off

• Residents are stranded/become ill• Value of units decreased

Third Party Claims

• Hypothetical– Developer requires building to be designed to

withstand Category 4 Hurricane winds.– Company leases space in building in reliance

upon representation that Resilient Design intends the Building to withstand Class 4 Hurricane

– Class 3 Hurricane severely damages building causing Company to lose revenue

AIA Sustainable Projects Documents

Resilient Design’s Impact on Clients

Owners May Want to Achieve:

Rating system metrics LEED®

Green Globes Energy Star

Building design or performance metrics

Decreased energy or water use Occupancy health and comfort Incorporation of sustainable

materials

Resilient Design Impact on the Public

State and Local Codes: CAL Green Code (comprehensive with own

standards and requirements) D.C. Green Building Act (Requires LEED®

certification)

International Green Construction Code: Overlay to use in conjunction with

International Code Council building codes

GSA requirements: Mandates all projects achieve LEED® Gold status

Traumatic Weather Events

The Sustainability Plan is a Contract Document that identifies and describes: the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s, Architect’s and Contractor’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project.

Scope of Architect’s Sustainability Services

New scope of Architect’s Services for Sustainable Projects A new Section 3.3 in B101–2007 SP Architect’s Sustainability Services include:

Conduct Sustainability Workshop

Prepare Sustainability Plan

Incorporate Requirements of Sustainability Plan into Drawings and Specifications

Collect Documentation for Certification and submit tothe Certifying Authority

Scope of Architect’s Sustainability Services

Conduct Sustainability Workshop

§ 3.3.3 Sustainability Workshop. No later than the conclusion of the Schematic Design Phase Services, the Architect shall conduct a Sustainability Workshop with the Owner and, as requested by the Architect, with the Owner’s consultants and the Architect’s consultants, during which the participants will: review and discuss potential Sustainability Certifications; establish the Sustainable Objective; discuss potential Sustainable Measures to be targeted; examine strategies for implementation; and discuss the potential impact on the Project schedule and the Owner’s program and budget.

Resiliency/Sustainability Interface

• Common Goals– Energy Independence– Water Independence– Renewable Resources– Resource Storage

• Sustainable Design – a step toward Resilient Design

• Design is not Resilient if it is not sustainable

Resiliency/Sustainability Interface

• But . . .• High Tech Sustainable Systems might not be

Resilient • So . . .

• Be mindful that some Resilient Design strategies may seem to be in conflict with Sustainable Design strategies

• Then . . . • Remember that Resilient Design principles intend

to allow continuity in the face of disaster

Concluding Thoughts

• Don’t let the Future Forget the Past

• To be Resilient – We may need to temporarily live like our

ancestors – We have to be able to adapt to the Future

This concludes The American Institute of Architects Continuing Education Systems Course

Michael J. Cremonese, Esq.Burke Cromer Cremonese,LLCmcremonese@bccattorneys.com

Paula M. Selvaggio, RPLUOswald Companiespselvaggio@oswaldcompanies.com

Eric O. Pempus, AIA, Esq.Oswald Companiesepempus@oswaldcompanies.com