Legal Considerations

Hart had a good idea-but one that won't work for everyone. In many states, the architect has to be hired first. Other legal restrictions dictate how architects and contractors may work together-some offering useful protections to the architect. "In Illinois, for example, if the contractor hires the architect, that fact has to be disclosed to the owner in contract, and the contractor cannot replace the architect without the owner's consent," says Quatman. This helps avoid the situation in which an owner hires a team based on the choice of architect, only to see the contractor subsequently dump the original firm.

In fact, awareness of construction law is vital for architects interested in project collaboration. Inextricably linked with risk, legal considerations may largely decide how and when architects choose to collaborate with contractors.

For example, the growing area of law known as "economic loss" doctrine has prevented contractors from suing architects in design-bid-build delivery. "If the contractor's loss is only economic, the contractor has to go through the owner to get to architect," Quatman explains. Another issue is state licensing, which in some states is a requisite for holding the prime contract on a project. "Architects are licensed in every state, and contractors are licensed in about half of the states," Quatman points out. So when the two affiliate formally, as in design-build, the architect may have to take the lead.

In fact, project delivery methods shape many legal concerns. For example, "In design-build, there are fewer lawsuits than in traditional procurement," explains Quatman, who is also 2007 chairman of AIA's Design-Build Committee. "If there's a design problem, the A/E and GC do work it out. Designer and contractors see an indirect benefit because there are fewer claims."

To complicate matters, two sets of strictures apply to cases where the architect and engineer form a legal partnership or LLC-licensing law and corporate law-and they don't always dovetail nicely. Some states may restrict majority ownership of the entity to licensed professionals, or the LLC that seems advantageous for tax reasons may be restricted or forbidden under the licensing statutes.

The Right Outcomes

Beyond avoiding legal problems, how do architects measure whether their collaboration strategy has paid off? Innovation is one gauge, though it's important to focus on a range of measures, say experts.

"Ultimately, we are interested in outcomes, which are traditionally quality, cost, and schedule," says Fraga. "But that actually is not enough. I have delivered buildings on time and on budget and failed because I've delivered the wrong building! You need to have more." For that reason, on any project Fraga adds three more for a complete yardstick of success:

• Customer satisfaction
• Supplier, contractor, and consultant satisfaction
• Employee satisfaction

Eventually an architect may want to work with the same team players again, says Fraga, so it matters to have satisfied builders and vendors. Employees should benefit from the process, and, of course, the client must feel good about the final product.

Thoughtfully outlining goals at the outset makes the final evaluation all the more meaningful. That's another reason that Hart stands by "project definition" as applied at the Utah State Capitol. The results of the $8.5 million drum-and-dome portion, for example, included an innovative panelized terra-cotta cladding and an on-budget, on-schedule finish. "The contractors really complemented the architects, who were freed up to focus on design," says Hart. "A wonderful synergy came out of that technical assistance."

For contractors, the benefit of such tight alliances can accrue from the architect's enhanced focus. "Rather than architects designing in a vacuum, and perhaps not considering the ramifications of means and methods-which can mean additional cost-this pulls them out in front so we can contain cost," says Kevin L. Brown, project director with Jacobsen Hunt Joint Venture, Salt Lake City, which served as the general contractor for The Utah State Capitol project.

Another way to consider success is by what's missing-things such as excessive change orders and lawsuits. "The teaming concept works," Quatman summarizes. "The trust relationship is built, and for economic survival reasons architects and contractors choose to resolve issues rather than litigate disputes."