AIA|WA Bill on Contract Fairness Receives Hearing in House

On the first day of the 2012 Legislative Session, the AIA|WA was already pushing its agenda forward. The legislature opened with a hearing in the House Judiciary Committee on EHB 1559; a bill drafted and supported by the AIA|WA and its allies in the design professions.

This bill unanimously passed the House of Representatives in 2011, but ran into a wall of opposition from public agencies in the Senate.

Peter Rasmussen, FAIA, AIA|WA Immediate Past-President testified in support of EHB 1559 along with Stan Beck, an attorney with Lane Powell in Seattle, and other representatives of the design professions.  

EHB 1559, puts a new provision in law that prohibits agencies from requiring that architects indemnify and pay for the agencies’ defense costs for actions not resulting from the architect’s negligence. This is a growing problem as agencies look to shift any costs they can to someone else. As the lead design professional on projects, the risk is highest for architects.

Agencies claim that shifting risk and costs to the architects is fair. They claim they don’t pressure anyone to sign these contracts; they are willing to take them out if asked. But, we know different. We know that agencies present these onerous provisions with an ultimatum: sign the contract or lose the job.

The AIA|WA is fighting to ensure that architects are only responsible for their insurable risks resulting from acts of negligence or errors and omissions. We know that without insurance to protect architects, their businesses and even their homes could be put at risk by a single lawsuit. The public agencies’ lawyers and lobbyists do not care. But, we want a law that is fair and equitable to all parties.

After meeting with many state and local agencies since the last legislative session, the AIA|WA drafted technical changes to address the concerns that they raised. We are hopeful that they bill will move forward this year. Even so, it will be a difficult road as some local government agencies remain steadfastly opposed to giving architects and engineers equitable rights in contracts.

You can watch a recording of the hearing on www.TVW.org. Enter 1559 in the search engine and select today’s House Judiciary Committee hearing.

There is money for your stalled project - the AIA can help

The AIA has launched a major initiative to develop a database that would assemble projects that have been stalled for no other reason than lack of financing. Concurrently, the AIA was contacted by a large number of investment firms asking to be listed in this database.

So, AIA National undertook a four-month long effort to develop a page on AIA.org - the Stalled Projects page http://www.aia.org/stalledprojects/index.htm, which will act as a networking website for real-estate investors and clients, the developers.

This unique page of AIA.org seeks to put architects more in control of their own destiny. Instead of waiting for the banks, members will be able to reach out to a group of investors who have chosen to list themselves for the sole reason of lending money to creditworthy projects.

In order for the initiative to be a success, AIA needs your help. Please list your stalled projects on this page, to populate the site so that investors will find it worthwhile! As times goes on, the AIA hopes to help build hundreds of working relationships and get stalled projects moving! Please email any comments about the site to stalledprojects@aia.org.

There’s money out there for your project; all that’s needed is for you to list it on the AIA’s Stalled Projects page.

Remembering Mark Bottemiller

Mark Bottemiller, 2011

On October 17 Mark Bottemiller, a valued AIA member, lost his battle with cancer. Mark was the AIA Vancouver President in 2004, a former AIA|WA Board Member, and a respected colleague.

“Mark has represented the dignity and value of the profession of architecture to his peers and to the community. His consistent volunteer efforts and service to the AIA exemplifies his commitment to the profession of architecture that we as professionals should all aspire to provide. His actions have made a lasting positive influence on our community and the profession of architecture.”
– Timothy Buckley, AIA

The AIA Vancouver will be especially impacted by Mark’s passing. He was instrumental in the creation of the component’s student grant. To honor his contribution the grant will now be called The Mark Bottemiller Scholarship. Annually at least one graduate student attending the School of Architecture at Washington State University is helped by this scholarship.

“Mark was one of the most selfless people I have met and certainly one of the most active members of our component. His most notable contribution to the AIA Vancouver is his work on the scholarship fund. Without his efforts, the annual scholarships that AIA Vancouver has provided to students wouldn’t be on the stable economic foundation they are today. Countless students have, and will, benefit from his generosity, caring and energy.”
– Ryan Wilson, AIA

Mark kept loved ones updated as he battled cancer through website: www.caringbridge.org/visit/markbottemiller. You can still visit this website to leave condolences, show support, and make donations. The site is filled with wonderful comments about Mark from AIA members.

“I met Mark through the AIA Vancouver component about five years ago and I already miss not having him at our meetings and participating in our long emails. He was such an important part of our organization… he spent many volunteer hours, he never complained and was always happy to help out. I will miss him greatly and so will all the other architects in town and around the state. He was a good friend, a great colleague and a wonderful architect.”
– Sue Mangin, AIA

Mark was not only a committed architect but also a devoted Cougar fan and WSU alumni. Due to his love for the Cougs, and his wish not to have a formal service, his family has asked that those who attend his Celebration of Life Service wear cougar colors or cougar clothes. The service is being held this Saturday, October 29, at the First United Methodist Church in Vancouver, 401 E 33rd street at 1:00 p.m.

Audit Scrutinizes DOC Program to Weatherize Low-Income Homes

A performance audit was released yesterday by State Auditor Brian Sonntag that evaluated the State Department of Commerce ( DOC) home-weatherization program. The goal of the audit was to evaluate the DOC’s process for making sure funds were spent appropriately at the local level.

The DOC run program received a major funding increase in 2009 through the federal economic stimulus act. The results of the audit were good and bad. 

The Good

• The projects - meant to reduce energy use in needy families' homes through new insulation, furnaces, energy-efficient windows etc. - ramped up in 2010, with contractors weatherizing more than 8,049 Washington housing units. The average in 2005-2008 had been about 3,300.
• Local agencies like Pierce County Community Services and the Metropolitan Development Council of Tacoma contract for the improvements, with oversight from the DOC.
• There were 329 housing units weatherized through the Tacoma nonprofit last year, more than triple any of the previous five years. Another 742 homes were weatherized by Pierce County.

The Bad

• The DOC did plenty of inspections but officials didn't consistently follow up to make sure agencies fixed problems.
• A September re-check that involved 47 homes where local agencies said problems were corrected, and found incomplete or shoddy work in nine of them.
• During one inspection a local agency was allowed to pick the project that state officials would inspect. The DOC said this instance was an anomaly because the employee of the agency refused to cooperate with DOC officials. The agency later fired the employee.

If you would like to see the entire audit please click here to download the PDF.