An Administrator's Guide to California Private School Law

Chapter 17 – Construction

 Requirement that the architect copy the school or school’s agent on all correspondence on the project. This keeps the school up-to-date as to the project’s status and is a way to monitor that the architect is acting within its authority and providing services in accordance with the contract.  Requirement that, in case of architectural errors or omissions constituting negligence, the architect is responsible for the cost of any additional resulting work and must assist the school in the defense of any related contractor claims.  Indemnification, defense, and hold harmless provisions.

For all architect and other design professional contracts entered into after January 1, 2018, the design professional may only indemnify schools to the proportionate extent the claims relate to the design professional’s negligence or misconduct. 2330

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 Include claim and dispute resolution procedures. This may facilitate resolution of disputes with the architect and avoid costly litigation.  Requirement that the architect continue to provide services in case of a dispute with the school.  Reserve the school’s right to review and audit the architect’s records to ensure its fees and invoices are accurate and that it is in compliance with the agreement.  Requirement that the architect design within the school’s budget.  Provision authorizing the school to terminate the agreement for its convenience. This will permit the school to remove a troublesome architect without have to prove cause.

Schools should use their own form of design professional contracts. Architects may offer to provide schools with a standard American Institute of Architects (“AIA”) architectural services agreement. These AIA form contracts, however, typically favor the architect. If you do use an AIA contract, the school’s legal counsel should vet and amend the contract to ensure the school is adequately protected.

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1. F INGERPRINTING O F A RCHITECTS A school may determine, on a case-by-case basis, whether it will require an architect and its employees to submit their fingerprints and complete a criminal background check in a manner authorized by the Department of Justice. 2331 A school may only require fingerprinting and criminal background checks if it determines the architect will have more than limited contact with pupils. 2332

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 560