Big lobby guns like the National Association of Home Builders, the National Association of Realtors and the Building Owners and Managers Association are well known in Washington and the media.

But there's one group, vital to both the commercial and residential real estate industry, that doesn't get as much press but is actively lobbying Congress on behalf of its own agenda -- the architects.

The American Institute of Architects is planning to push forward on several fronts in the 106th Congress when it reconvenese.

Although not a major priority for the last Congress, liability reform is of importance to the architectural profession.

The work product of architects is distinct and permanent. Architects create obvious, perpetual structures that will stand until they are replaced--most likely by the work of another architect. Architects must be licensed and registered, which protects the health, safety and welfare of the public.

The very nature of the work of architects leaves them natural and vulnerable targets for lawsuits. As a result, the AIA supports liability reform to minimize these potential adverse effects on the architectural profession.

Frivolous Lawsuits

In the present legal system in the United States, it is possible for a litigious individual--shielded by a statutorily or judicially created status--to hold architects liable for possible design "defects" not contemplated in the original concept or design of a building or structure. In many instances, architects may be held responsible for ill-perceived "flaws" in design that were never intended to be discriminatory or restrictive.

Furthermore, the inherent uncertainty in jury verdicts and damage awards leaves architects in a precarious legal position and subject to possible excessive damage awards.

Because of this murky area of the law, the AIA supports liability reform to curb unnecessary litigation. Caps or restrictions on punitive damages, reform of personal injury or property damage, or assessing liability by degree of fault may serve to limit frivolous lawsuits.

Clarify Americans With Disabilities Act

The ADA is designed to facilitate the accessibility of public spaces to physically challenged individuals. Architects are strong supporters of safety and utility of public buildings and structures. However, architects must grapple with ill-defined regulations and lack of clarity under the ADA to avoid penalization for non-compliance.

Therefore, the AIA advocates the consistent and evenhanded enforcement of the requirements of the ADA. In addition, the AIA will continue to push for clearer definitions of requirements under the Act, as well as advocate for the implementation of nationally recognized codes and standards. In this manner, there will be heightened awareness towards those with disabilities, and architects will be more certain of the requirements for compliance with the ADA.

Limit Product Liability

Architects are also in danger of being held liable for issues that arise simply by providing architectural services. For example, architects may be held accountable for the malfunction of installed products that are susceptible to the Y2K bug, or subject to claims stemming from services provided after a natural disaster or other unforeseen event.

To that extent, the AIA supports initiatives limiting liability for architects when providing architectural services.

Architects' Concern

Architects demand worker safety and the protection of the general public, and demand adequate protections the beneficiaries of those services. It is important that architects are able practice architecture without fear of unnecessary litigation.

Published: February 22, 1999

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