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Posted By Stephanie Kirschner, FSDA,
Wednesday, July 24, 2024
Updated: Wednesday, July 24, 2024
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Welcome to another edition of SDA's Quick in 30! This session, we dove into note-taking for business professionals, specifically focusing on the innovative Rocketbook, also known as the Smart Notebook. We were joined by Diane Klug, CDFA, a master of Rocketbook from WSP in St. Louis. Diane shared her journey with Rocketbook and demonstrated its many features.
The Rocketbook Revelation
Diane's fascination with Rocketbook began a few years ago at the SDA EDSymposium PPC fundraising event, where she encountered Rocketbook for the first time. Although she didn’t win the raffle, she went online and bought one, and has been using Rocketbook ever since.
So, what’s so magical about a notebook? Rocketbook combines the feel of traditional writing with the efficiency of digital note-taking. Using Pilot FriXion erasable pens, you can write on Rocketbook’s special paper, scan your notes to various digital destinations, and then wipe the pages clean with water to reuse the notebook multiple times.
The Eco-Friendly and Economical Choice
Rocketbook notebooks are sustainable and eco-friendly, helping to save trees by eliminating the need for single-use paper notebooks. They offer a variety of styles, including notebooks, index cards, sticky notes, calendars, multi-subject notebooks, and even whiteboards, in numerous colors. This variety ensures that there's a Rocketbook product to suit everyone's needs.
Unlocking the Magic of Smart Technology
The true magic of Rocketbook lies in its smart features and free app for iOS and Android. The app can convert your handwriting to searchable text or PDF with a simple click. Here are some of the standout features Diane highlighted:
- Smart Titles: Automatically convert handwritten titles into digital file names.
- Smart Lists: Transform handwritten lists into digital to-do lists.
- Smart Search and Tags: Enable easy searching and tagging of your notes for quick retrieval.
Getting Started with Rocketbook
To get started with Rocketbook, download the free app from the Apple App Store or Google Play. The app will guide you through setting up your Rocketbook, including configuring scan destinations and enabling smart features. Diane’s presentation included step-by-step instructions on setting up and using these features, emphasizing the importance of turning on all smart features to fully leverage Rocketbook’s capabilities.
Practical Tips and Tricks
Diane shared several practical tips for making the most of your Rocketbook:
- Central Location: Use a single, easy-to-find location for all your scanned notes.
- Handwriting Recognition: Ensure your handwriting is clear, especially for titles. Be sure to print as it does not recognize cursive.
- Smart Features: Use features like Smart Lists and Smart Search to stay organized and efficient.
Scanning and Saving Your Notes
Scanning with Rocketbook is simple. Open the app, select "New Scan," and hold your phone over the page. The app will automatically recognize and scan the page, converting it to a digital format and sending it to your chosen destination. You can even scan multiple pages into a single file.
Questions and Answers
During the Q&A, Diane answered questions about using Rocketbook on multiple devices, the special pens required (Pilot FriXion pens), and how to optimize settings for the best results. She also shared tips on maintaining your Rocketbook and getting the most out of its smart features.
Conclusion
Whether you're new to Rocketbook or looking to unlock its full potential, Diane’s insights and tips provide a comprehensive guide to making note-taking magical. Stay tuned for more Quick in 30 sessions where we explore innovative tools and techniques to enhance your professional life!
Intrigued by what you have read and want to learn more? Click here to review the entire program. [SDA Members - be sure to login to be able to access the handout and program recording at no charge].
Tags:
AE Industry Tips
AEC Learning
Notetaking Skills
Quick in 30
SDA National
Using Rocketbook
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Posted By Stephanie Kirschner, FSDA,
Tuesday, July 16, 2024
Updated: Wednesday, July 17, 2024
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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.
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EDS24
PPC Grant
SDA National
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Posted By Stephanie Kirschner, FSDA,
Monday, July 8, 2024
Updated: Friday, July 12, 2024
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My name is Molly C. Stewart, and I am a firm administrator with a Virginia-based MEP firm. I have been with my firm for 20 years, working my way through various areas of the firm’s administration. I now serve as a firm principal and CFO. While finance is my primary focus, I continue to be involved in many aspects of the firm. I lead a small team that helps me manage and support human resources, marketing, firm administration, contracts, and project management.
This year, I had the opportunity to participate in the SDA’s EDSymposium in Colorado Springs. I was eager for this experience because most of my continuing education is done virtually, and there is something unique about in-person learning—the engagement and camaraderie. And let me tell you, the content of this event was amazing. It covered a wide array of operational support topics.
For example, we heard from Gregory Hart with PSMJ about the AEC market and current trends. It was reassuring to hear that wage inflation is easing off. While 6% increases in our industry were great, maintaining such increases year after year would have been challenging. It was also insightful to learn which markets are thriving and which ones are cooling down. This information helps companies like mine refocus their marketing efforts to diversify their workload. Gregory also touched on AI in our industry. Although we've seen AI starting to make an impact, the question remains: are we embracing it yet? Our firm should probably invest more energy to stay ahead of the competition as AI becomes more integral to our industry.
We also heard from Frank Musica with Victor Insurance. Frank discussed employment practice concerns in the workplace, highlighting issues that hadn't fully made it onto my radar yet. Who would have thought about dementia in the workplace? Even though this may be a current concern for many firms, I hadn't considered the impact of the aging population in relation to my firm and the impacts to quality and safety. One key takeaway from Frank was that “being consistent is the best risk management advice.” This piece of advice reminded me that my firm needs to review our company manual to ensure we cover workforce changes, such as our aging employees.
Finally, I want to note one additional benefit from this great experience that has nothing to do with the speakers but everything to do with personal growth. I am very much an introvert. While I may seem like a social butterfly to those who know me well, I am a wallflower at big events and usually accompany other more seasoned professionals to networking events. Attending this symposium was a big step for me, requiring personal pep talks and motivational notes! Participating in this event allowed me to step outside my comfort zone and grow both professionally and personally. I am thrilled to say that I ventured beyond my little world and now feel stronger and better prepared to support my company.
Hear Molly talk about her EDS24 experience in her own words. Click Here to Listen.
Molly Stewart is the Vice President/Treasurer of the Administrative Department
with Vansant & Gusler, Inc. in Norfolk, VA.
She was one of the PPC Grant First Time Attendee Recipients for EDS24.
Tags:
EDS24
PPC Grant
SDA National
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Posted By SDA Headquarters,
Thursday, June 20, 2024
Updated: Friday, June 21, 2024
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Indemnification Clause
The indemnification clause is among the most highly disputed provisions in every A|E contract. The indemnification clause’s specific language can significantly impact a firm’s risk exposure. Thus, every architect, engineer, and contractor should understand the meaning of the indemnification before executing a contract.
An indemnification provision is a contractual provision under which one party (the indemnitor) agrees to assume liability for the losses incurred by another party (the indemnitee). In other words, your Client wants you to promise to reimburse them for damages caused by your negligence.
A broad-form indemnity requires one party to assume the obligation to pay for another party’s liability, even though that other party is solely at fault.
Example: A/E shall defend, indemnify, and hold harmless the Owner from any claims, damages, and losses arising out of the performance of this Contract.
An intermediate form indemnity clause is when the indemnitor is not bound to indemnify for the indemnitee’s sole negligence but is bound to indemnify for all damages to which it partially contributed, even when its contribution was minor.
Example: The A/E shall indemnify and hold harmless the Owner for all damages, losses, or claims that arise as a result, in whole or in part, from the negligence, error, omissions, or failure to perform by the A/E, his employees, or his agents.
In a narrow form indemnity provision, the indemnitor agrees to be responsible only for losses or harm it actually caused.
Example: A/E shall indemnify the Owner for damages arising out of the performance of the Work, but only to the extent caused by the negligent acts, errors, or omissions of the A/E
It is important to remember that architects and engineers are like doctors and lawyers—licensed professionals—required by law to meet the standard of care for their professions as determined by their peers. Professionals are not legally required to be perfect, as they provide a service, not a product. They do not provide widgets, gadgets, or gizmos. Professional liability insurance (PLI) (in the A|E licensed environment) is written to cover damages caused by a professional’s negligent acts, errors, or omissions. An architect or engineer cannot purchase any insurance coverage to defend their clients before negligence is established.
PLI only insures the professional and only for professional liability (as opposed to contractual liability). When broad form indemnification or “duty to defend” clauses are used in design contracts, the “duty to defend” language in the Contract effectively nullifies the A|E’s PLI coverage. Architects and engineers also carry general liability insurance; defense can be included in general liability coverage.
In contrast, contractors are strictly liable because they are providing a product—negligence does not need to be established to trigger insurance coverage. Therefore, contractors defend their clients before negligence is established and are covered under their general liability insurance.
Defense in Indemnification Clauses
Part and parcel of many indemnification clauses you may come across is an expectation from your Client that you also “defend” them. It has become increasingly important to recognize the difference between “indemnity” and “defense” and its implications on you as a design professional. Here is the problem: When you agree by Contract to “defend” your Client in the event of a claim against them, you agree to pay your Client’s attorneys’ fees and costs from the first day a claim is made against them, regardless of your liability. The Client has every right to hire an attorney of their choice and send you the monthly invoice. And perhaps the biggest clincher is that your professional liability insurance will probably not cover you for defense obligations you have assumed vis-à-vis the Contract. At a minimum, the question of coverage among carriers remains unclear.
The use of broad-form indemnification clauses in A/E contracts can often be viewed as a “cut and paste” issue. However, these clauses do not make sense for contracts for architectural or engineering services (where only PL insurance is available since the broad-form indemnity is not insurable). Many lawyers simply borrow broad-form indemnification language they come across in other contracts (including contracts they have drafted for their clients to use with contractors) and use them for architectural and engineering contracts, too.
A majority of clients or owners do not understand that the broad form of indemnification and duty to defend clauses in the A/E context is uninsurable. They want the benefit of the indemnitor’s insurance policy, but broad-form indemnification language nullifies it. It’s a lose-lose scenario. Shifting risk to a party who cannot obtain insurance for that risk is not in the best interest of anyone involved. Indemnity provisions provide assurance, not insurance, and are only as valuable as the indemnitor’s ability to pay. No one should “bet the firm” against whether or not an owner, with a broad-form indemnification provision protecting them, will be sued.
Solutions
An agreement to “defend” can be quite costly. If your Client continues to fight you and insists that you pay their costs of defense from the moment a claim rears its ugly head, consider the following:
1. Whether this is a Client you genuinely want to work with.
2. There are means to negotiate. Perhaps you can negotiate a “cap” on defense costs coming from your firm’s pocket.
3. Language that will limit your duty to defend to your adjudicated share of responsibility (the intermediate or narrow provision from above).
4. Incorporating two indemnity paragraphs, one for general liability and one for professional. You include defense in the former and not in the latter. If you are working on a design-build project and your Client is construction-oriented, explain that defense is an uninsurable condition under a professional liability policy, but you are happy to include it under the general liability provisions. It may be understood when the Client realizes they cannot access your insurance for this and must rely strictly on your firm’s assets.
The ”Perfect” Indemnification Clause
If you need counter-language for your Contract, consider the following indemnification language provided by Stephan Andrews, Esq., O’Hagan Meyer.
“The subcontractor shall indemnify and hold harmless the contractor and its respective officers, directors, and employees from and against all damages, costs, and expenses (including, without limitation, reasonable attorney fees and costs of defense) to the extent caused by or resulting from 1. The negligence, errors, omissions, or failure to perform by the subcontractor, its agents, partners, employees, subconsultants, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable or 2. The negligent breach of the Agreement, intentional acts, omissions or other failures to perform the subcontractors, its agents, partners, employees, and subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable.”
Other Resources:
Indemnification Clauses: All You Need to Know, By Glenn W. Birx, FAIA
Walking the Thin Line on Indemnification, AIATrust
The Indemnity Dilemma, by Mark C. Friedlander
Indemnification Clauses, ContractsCounsel
Indemnification - Negotiating a Reasonable Clause, YouTube Presented by Kent Holland
Understanding the Implications of “Defending” Your Client by Jacqueline Pons-Bunny, Esq., Weil & Drage, APC.
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.
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Posted By SDA National,
Wednesday, May 15, 2024
Updated: Thursday, May 16, 2024
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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.
Tags:
Betterment Defense
Innovation in Education
Risk Management
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