By Daniel Enrique Butlow (*)
The work of many years in defending the professional interests of architects showed us the main difficulties encountered in collecting their fees and the assumption of responsibilities. The study and analysis of many situations where we have had to intervene, as lawyers specializing in this field, we are considered as very useful suggestions that we share with readers the conviction that in all cases seek to avoid the loss of fruit of their work and effort.
1 .- Try to document their contractual relationship from the start. To There is therefore no rigid formulas. You can do so through the standard form of entrustment of work, a lease contract of service or work or a work budget approved or received by the client.
2 .- Get pictures from the beginning of the relationship, if any soil samples. There are countless cases where, through the photographs could prove the work actually carried out even without a written contract.
3 .- Never under any circumstances give the original drawings, blueprints, or projects without getting at least one copy of the work performed. They have not missed where the planes delivered to the principal, was no trace of the same and proof of work impossible.
4 .- When submitting a job, albeit temporary, get a copy and try to get your client to sign it received and dated.
5 .- Keep samples and prices of materials used in the work.
6 .- If the work assigned, is away from home and can sign a written contract, insert a clause that the parties submit to the jurisdiction of the courts of his home.
7 .- Take and record names, names and addresses of contractors, laborers and other site personnel. Many times you will need to have their testimony to prove their rights.
8 .- When performing works by administration fails to provide the original invoices and receipts without first obtaining a copy of them.
9 .- At the beginning of a work or begin studies of a project, make sure beforehand about who is the owner of the work and who is the building on the work to be built.
10 .- Do not ask for signatures on loan. If you are interested in commissioned work, enroll in the tuition for the jurisdiction of the work. Do not forget that if the bill is signed by another architect, only that particular architect may charge and require fees and not you.
11 .- Do not sign as a builder when in fact it is not. Avoid inter alia be directly responsible for personal injury or worker layoffs in the construction of the work.
12 .- Budget work with seriousness and realism. Do not forget that someday you may need to defend the veracity of that budget to be able to charge late fees and avoid liability for malpractice.
13 .- If you use new materials, in order to build a site, make previously to have the background that it considers sufficient to demonstrate its good quality and proven performance.
14 .- At the direction of the work, take a lengthy book on it and dump in writing all orders, specifications, details and concerns you believe that you must prove that eventually drew the attention of the client or company construction.
15 .- With regard to the recruitment of specialists, not guided by the justified concerns but by his conscience. Remember that as a project manager you are, and you alone who determines the need for intervention, as will be solely responsible for any defects or errors come from not recruited them.
(*) Abogado y Profesor titular honorario de arquitectura e ingeniería legal.
