Let me begin by saying how grateful I am for the opportunity to attend EDS24. It was a pleasure to meet so many people from different backgrounds, each with so much experience and knowledge to share.

Coming into EDS24, I didn’t know what to expect. I wanted to keep an open mind and dive into as much as possible. As part of a small firm, we often pride ourselves on our close-knit team dynamics. However, the leadership voice insights from Skot Waldron during his “Communicate With Clarity” session were particularly eye-opening. His point that we all have different voices, with some being more natural than others, really hit home. The leadership insight section, where we explored different insights for each voice, was especially interesting. As someone who identifies primarily with the nurturer voice, it was enlightening to consider other voices and how they could enhance my leadership skills.

Leadership skills are crucial in any profession, and Skot’s session provided practical strategies for effective communication and leadership. By understanding and leveraging different leadership voices, I can foster better collaboration and help guide my team more effectively. By understanding our own voices and the voices of others, we can transform how we communicate within our firm and hopefully promote a more harmonious and productive work environment.

I think everyone can relate to the frustrations of working on project process. When my architecture firm merged with our interior design partner, integrating our processes became a significant challenge. The session by Factor, titled “Resource Scheduling for Happier Teams and Clients,” offered insights into this issue. The discussion on the benefits and risks of people, calendar, and budget-focused approaches provided a nuanced understanding of my firm’s processes. This session sparked meaningful discussions with my principals about potential strategies we could implement to improve our process management.

The two sessions mentioned are just a glimpse into the vast array of programming offered at EDS24. I also walked away with new knowledge related to firm financials, dealing with challenging employees, maintaining my company’s brand, and understanding my own worth. Each session was designed to address aspects of running and growing a successful firm, providing attendees with a comprehensive toolkit for professional development. As someone still gaining their footing in the industry, attending EDS24 was incredibly beneficial. The knowledge and insights gained from the sessions and other SDA members helped me return from EDS24 reenergized and excited to continue my professional development.

We took a few minutes to talk with Sydney about her EDSymposium24 experience. Click Here to Listen.

This year I had the opportunity to attend EDS24 in Colorado Springs. I was honored to be selected as one of the PPC grant recipients and was looking forward to meeting many people in person who I had only met virtually up until this point.

The first morning of EDS24 the energy and excitement in the room was noticeable right away. At breakfast that morning, I was introduced to many new members of SDA, and had the opportunity to shake hands and exchange hugs with members who I had only met via Zoom. Being in a room with other members of SDA sparked my interest in the many possibilities that exist for career paths within our field. The diversity of the group and the firms that we all come from is wide - ranging, but I found that we were all able to still find commonalities and discuss the common challenges we all navigate within our industry together. It is refreshing to feel like you belong in a space where people can relate to the day to day successes and challenges you face. 

I made it a point to attend every educational session that was presented at EDS24, some applied more to my position than others, but I wanted to gain as much knowledge from the conference as I could, and I found “nuggets” of information in every session that made me think of our operations within our firm differently.

Skot Waldron presented a great session on  “Communicate with Clarity: Understanding Your Voice and Its Triggers” . I learned a lot about myself in that session, and found different ways to look at everyone on our team and within our office to discover how we can best interact with each other to use all of our strengths to work together as one team.

I also loved listening to Lynda’s SPARKSDA talk regarding the “Ripple Effect”. I have taken this back to my office and our team as encouragement that we need to all work to maintain our roles and tasks on projects and limit our “ripple effect” on the rest of the team and the firm's success.

The session speakers are just part of the great education provided at EDS, another part of SDA is the amazing resource that our SDA community is in and of itself for everyone within SDA. Each person at the conference has different experiences and knowledge and most are willing to share openly and provide guidance for all of us newer to the industry. The support of SDA is even more evident when you attend an EDS event and I look forward to continuing the conversations that were had in Colorado Springs and continuing to learn as much as I can from other members of SDA.

I can’t thank Stephanie and the Past Presidents Council enough for the opportunity to be a first time attendee at EDS24. I enjoyed every moment of being at the conference and getting to know others within SDA. I left with a renewed excitement for my job and career growth, and lots of new connections. I am already looking forward to seeing everyone again next year!

We took a few minutes to talk with Sarah about her EDSymposium24 experience. Click here to listen.

Sarah Kratzner is Operations Coordinator for

BSPARK Architecture in Great Falls, MT.

She was one of the PPC Grant First Time Attendee Recipients for EDS24.

As a general rule, when there is a breach of contract, the injured party—in the case of a building owner and architect/engineer, the owner—must receive what they had a right to under the contract, but no more. A windfall or a benefit greater than would have been received had the contract been performed correctly is not allowed at the expense of the performing party or architect in this case. 

Black’s Law Dictionary describes betterment as:

“An improvement of a … building that goes beyond repair or restoration.”

For example, suppose an owner realizes that a standard built-in (plaster/painted) receptionist station is facing the wrong way on the drawings and was built as such. In that case, the owner cannot now ask for the station to be faced with marble or add a planter or other enhancement. This additional work, called “betterment,” is outside the scope of the original contract, and its costs are not allowed.

In another example, no light fixture has been shown in an entry closet. During construction, the owner adds a light fixture in the entry closet. All expenses related to adding the fixture are betterment. 

Betterment depends on what is reasonable. If an improvement is necessary and reasonable to complete the terms of a contract, then it will be allowed. If it is unreasonable, it will be considered betterment; thus, the amount of damages that constitute the upgraded improvement is not allowed. 

For example, if a city ordinance required the sidewalk around a building to be 48”wide, and it was only constructed 40” wide, the owner would benefit from the additional 8,” and it was required. The cost of the additional 8” is betterment, but demolishing pavement, for example, to allow for the additional 8” would be a cost for the engineer as it is reasonable and necessary to bring the sidewalk up to code. 

Betterment in the case of omission in design. Design professionals frequently invoke the betterment or added value defense in the context of claims involving omissions in design documents. Generally, courts require owners to pay what the omitted item would have cost had it been included in the original design. Accordingly, if the error is not discovered in the design stage, the owner should not have to pay for any additional labor or materials necessary to correct the error or the cost of necessary retrofitting demolition that would not have been part of the original design.

For example, an engineer was sued for designing an inadequate tank-drain septic system with a 1,000 sq ft drainage field instead of the required 1,200 sq ft drainage field. The owner would have had to pay the costs of the additional 200 feet required, and the engineer is not obligated to pay for that cost, but only any additional costs incurred, if any. 

Timing is crucial for the betterment defense. Traveler’s Risk Management Advisory Bulletin states:

“Timing plays a crucial role in the availability of the betterment defense and to what extent it can apply to reduce monetary liability. The key timing components are whether the project has been bid and a contract signed with the contractor, and if so, has this design element been constructed? If not, the owner may not have suffered compensable costs, at least not yet. With no compensable costs in play, a design change may fix the problem; however, the design professional will generally not be compensated for their re-work. On the other end of the spectrum, if the owner or contractor has spent money to construct all or a part of a deficient design, and must spend more to remediate the constructed design, the owner will attempt to recover these costs from the design professional who may have both a betterment defense and an associated defense of limitation of expense to the owner’s ‘first costs.’”

The concept of betterment is a highly complex but potentially money-saving defense. Consultation with the insurance company’s legal counsel and your construction lawyer is necessary to determine the correct structure of the claim, precedents, and arguments to use. Architects must understand that consulting engineers may also use this defense against them in suits. 

Want More Information? 

Click here for a video by Baker Law, “What is Betterment – The “No Free Lunch” Rule – in Design and Construction,” by Jeremy Baker, 2/26/2021.

Click here for a Federal Highway Administration (FHWA) overview and examples of transportation betterment under emergency relief.

References:

Atkins, FAIA, James B. & Simpson, FAIA, Grant A. AIArchitect, Vol. 13, November 3, 2006, “A Loss Cause Too:  Betterment.”

Travelers Advisory Bulletin: A Risk Management Publication for Design Professionals.

NOTE: SDA does not endorse any products or services mentioned, and SDA does not assume responsibility for any circumstances arising out of the interpretation, application, use or misuse of any information presented.  SDA recommends the reader consult the appropriate legal, financial or human resource counsel before implementing information contained herein.