In the question below. I believe that if the architect is handling the primary contract B101, they must carry professional liability insurance since, in the event of a lawsuit, the consultant’s insurance pays the architect’s insurance, and the architect’s insurance compensates the owner. In this question, it appears that the architect no longer needs to keep his insurance.Can you please clarify?
Hi @elie,
Thank you for your question. This is a great example of choosing the best correct answer(s) even though other options may appear “correct” or may apply in other scenarios.
The architect must indeed maintain professional liability insurance per AIA B101 § 2.5.6, but it is not “for the correctional facility consultant” as the answer options states, and it is not directly relevant to the scenario in the question. As it relates to the consultant’s omission, the consultant is responsible for maintaining professional liability insurance for themselves.
The Architect’s Handbook of Professional Practice (15th Edition, page 1016) indicates that design professionals (architects) will serve as their consultants’ insurer if their consultants’ insurance status is inadequate. The design professional and their insurer may also become liable for the consultant’s negligence if the consultant’s liability is limited by contract.
The correct answers are all directly referenced in the AIA C401, particularly the answer that was not selected, indicating that the architect shall not be held responsible for acts or omissions of the consultant.
When I encountered these types of questions on the ARE, where I would have to navigate contract or code documents, I utilized the “search” tool to quickly find key words in resources. If I found the specific section where an answer choice was referenced, I affirmed it was correct. If I could not find an answer choice referenced in the contract (or it was referenced incorrectly), I could eliminate it and be confident it was incorrect.
Also just a heads up, we do not allow screenshots of our paid content to be posted/shared, so I will be deleting it from this thread.
Hope this helps. Happy studying!
Kiara Galicinao, AIA, NCARB
Black Spectacles