lbuttery

Richard: I worked for decades as a programmer for hire and am quite familiar with those W-2 requirements There was a 20 questions form to answer and if any of the answers were yes then you were an employee If I did designs for one builder then I would be their employee but I did designs for many builders across many states and even foreign countries Lew

But anyone, including architects, can be sued for gross negligence Richard: absolutely, no disagreement here at all But if you don't know what you are doing, the odds of prevailing drop dramatically here is where we disagree and it is just over semantics and a measure of degree in non-legalese my contracts and disclaimers stated that what we did was "draw pretty pictures" that ALL structural and code compliance was the responsibility of the builder who signed/stamped the plans that ALL info on such plans was provided by the builder that is what "transfer of liability" is all about it can be done in a properly worded contract/disclaimer Find a competent small business attorney this is a given - to achieve a properly worded contract/disclaimer can the courts "pierce the veil" - absolutely Lew

You generally can't transfer your way out of gross negligence Richard: that is obvious we have had this debate ever since I started in 2004 thru numerous threads on the old forum I'm not going to re-hash all of the arguments again go back and re-read the old threads if you don't remember them your claim that an "untrained/un-licensed designer can be sued for "gross negligence" just for daring to design is false in any state that allows them to do it some states allow un-licensed designers to create plans and some don't here in NY they can create plans as long as every page is reviewed/stamped by an architect in DC/VA/MD they can create plans and only need stamps on pages that require their "expertise" such plans can be submitted by the homeowner or any builder licensed to do so you are missing the whole point of "transfer of liability" via contract or disclaimer again, any designer should consult with an attorney to learn the limits and benefits of transferring liability Lew

Richard: good document confirms that liability can be limited/transferred at least for NY, VA, MD - I haven't checked the others see attached

I would take Lew's legal opinions with a block of salt Richard: absolutely, an attorney versed in construction law should always be consulted the disclaimer is not unilateral if signed by the client .... Lew

figure out why my dimensions weren't adding up and split the difference (average it out) here and there to make up for it Michael: that's just another sort of "fudge" Drawing the house correctly out of square would be overkill in my opinion I agree - it would be "silly" I just don't think it is a good idea to be able to over ride a dimension value, no matter what the circumstances sorry to disagree but my experiences with as-builts seems to require it we could "discuss" forever that it shouldn't be necessary - but I flat out don't believe it so I will concede that Chief will never change and I will just have to use red text boxes to indicate the discrepancies Lew

Phyliis: there are many threads on the old forum where I discussed disclaimers and transfer of liability some of them I posted examples of case law Lew

if you want to change the dimension move the item how so with an as-built ??? moving the item just throws one of the other dims off at some point you have to accept that there is a discrepancy then note it Lew

When a dimension no longer calls out a distance/length, is it still a dimension? Jim: why not ??? if a tradesman can use it to place objects then it "controls" placement Lew

I measure using a Disto Plus to 1/16" then model to 1/16" but reality means accepting up to a 2" discrepancy If more than 2" I will usually do another site visit especially if the discrepancy is in the project area if not, I'll "accept" and make a note of the measured dim in red on a separate layer that can be displayed when needed old walls, old floors, old ceilings, old stairs just don't come out "perfectly" Lew

Joe: have you ever met a square old house ??? Lew

when doing as-builts over-rides are sometimes needed Lew

Since 2004 I have seen maybe 3-4 users post that they use/like the Space Planning tool I found its limitations too annoying to be of any use Lew

Hi: you will probably need to post the plan also provide more info on what you are trying to achieve and what steps you have already done Lew

Any suggestions on where to find a good contract sample or E and O insurance? Is insurance needed if you aren't actually stamping the drawings as an architect or contractor? Phyllis: most insurance carriers won't issue E&O if you are not licensed etc AIBD use to offer E&O for its members I have always advocated the use of disclaimers to clarify what areas you will take liability for since you were a licensed architect in CA you will have issues using disclaimers with homeowners and probably even builders since you have "more" experience than they do liability can be transferred to entities of equal or greater knowledge much harder to transfer to lesser entities probably best to meet with an attorney versed in construction law for MD soonest join NARI and AIA as I mentioned then ask for recommends Lew Lew

nope, link doesn't work for me - using IE 11 Lew

Scott: thanks that's the sorta solution I was expecting to hear about Lew

I thought there would have been an easier solution Samual: same here Lew

Most chiefers don't bother with polls Why ??? Lew

Probably best to contact CA's sales dept you will only get guesses here Lew

I would prefer the Layer display DBX stay open an "apply" button would be nice too Lew

it would be nice if the pass thru tool could have a setting for "apply back" and allow for a material to be set for the back Lew

I usually leave auto-rebuild off especially after doing manual changes to the roof Lew

create another floor, floor A can't have rooms defined Lew

It was a good collection http://www.chiefsymbols.com/ Lew