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She is currently the Chair of the American Bar Association Forum on Construction Law and is the Past-Chair of the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience & Interior Design. This article does not constitute legal advice. Each case must be evaluated on its own facts. She is construction litigator, mediator, counselor and educator. Kubes, is an attorney and principal of the Kubes Law Office, PLLC, Serving Design and Construction Professionals. Article originally published in ASID-MN Design Directions, 2012.

To avoid such disputes, and further advance the value of clear communication between the parties, the best practice is to distill the parties’ agreement in writing, and have all parties to the contract sign the document at the outset of the project. The designer should keep that fully-executed original in a safe place in the event of later disputes. Similarly, any changes to the contract should also be in writing and signed by both parties. To be an effective tool, the contract (and set of related contract documents) needs to be current, relevant, and applicable to the subject project – meaning that one size rarely fits all. For consistency in business practices, a prudent designer would develop a solid standard written agreement, custom fit to the designer’s practice, and then modify it, as needed, for each project. she said” will be difficult and costly to prove. Lookup the home address and phone 6123889215 and other contact details for this person Kristine A Kubes is a resident of Minneapolis. In this digital age, it is remarkable how many design professionals still operate under our great-grandfathers’ rules of doing business on a hand-shake. Although verbal contracts may be enforceable under certain circumstances, the truth is that, without the benefit and protection of a written contract, a designer’s verbal agreement is susceptible to attack. The ensuing dispute over “he said vs. Part Two: The Value of the Written Document

Kubes, J.D., Kubes Law Office, PLLCįor the parties traveling down the path of construction and design, the contract is the crucial roadmap for managing relationships. The contract serves to identify the parties and their obligations, as well as the type of project, scope of work, price, and many other critical items that will help guide the parties through the project to completion. By identifying these key terms and elements of the relationship at the outset, when rationality and reasonableness can guide the process, the parties are likely to develop an agreeable and acceptable contract to which all parties can claim ownership.