AHPP 16.1 Flashcards

(31 cards)

1
Q
A
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2
Q

What is an example of avoiding risk in architecture practice?

A

Marketing selects project types that align with prior experience and reputable clients.

Section 2: Finances, Risk & Development of Practice

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3
Q

How is risk transferred through contracts?

A

By transferring appropriate risks to the client or downward to consultants.

Section 2: Finances, Risk & Development of Practice

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4
Q

How does insurance play a role in transferring risk?

A

It transfers financial risk to a business financial partner.

Section 2: Finances, Risk & Development of Practice

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5
Q

What is an example of assuming risk responsibly?

A

Accept appropriate projects and maintain enough cash to cover insurance deductibles.

Section 2: Finances, Risk & Development of Practice

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6
Q

What is a key method of controlling risk internally?

A

Adopt best practices and educate staff.

Section 2: Finances, Risk & Development of Practice

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7
Q

What should a firm do when claims emerge to control or reduce risk?

A

Seek good legal or professional counsel to prevent or reduce losses.

Section 2: Finances, Risk & Development of Practice

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8
Q

What is the origin of the word ‘risk’?

A

Risk derives from the archaic Italian word ‘riscare,’ meaning ‘to run into danger.’

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9
Q

What is the core approach architects should take to risk?

A

Know the risks, then manage them.

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10
Q

What are the four classic strategies firms use to manage risk?

A

Avoid, Transfer, Mitigate, and Assume risk.

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11
Q

Why do professional liability insurance companies track claims?

A

To determine risk levels, which influence insurance premiums.

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12
Q

What are the nine risk categories identified by XL Group?

A

1) Communication, 2) Project team capabilities, 3) Client selection, 4) Negotiation and contracts, 5) Budget control, 6) Schedule control, 7) Loss prevention issues, 8) Construction phase services, 9) Billing procedures.

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13
Q

According to XL Group, what four risk areas are present in 93% of all claims?

A

Communication, Project team capabilities, Client selection, Negotiation and contracts.

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14
Q

Why focus on the top four risk categories?

A

They represent the majority of causes for claims and help determine best practices to avoid, transfer, or control risk.

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15
Q

Who is Peter Gifford Longley, and what is his role in risk management?

A

An architect with over 35 years of experience; he developed firm standards for documentation and quality control and leads risk management and QA/QC at Tsoi/Kobus & Associates.

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16
Q

What does ‘reasonable to assume’ risk mean?

A

It refers to risks that can be accepted with proper understanding and control because they’re manageable or expected within a project’s scope.

17
Q

How can insurance claims data help in risk management?

A

It helps identify high-risk areas by category, frequency, and cost, allowing firms to focus on mitigation strategies where needed most.

18
Q

Why do most claims against architects appear in legal form?

A

Because they are usually tied to a perceived failure to meet terms in the design services agreement.

Section 2: Finances, Risk & Development of Practice

19
Q

What document is most often referenced first when a claim is made?

A

The signed design services contract.

Section 2: Finances, Risk & Development of Practice

20
Q

Why do architects and lawyers ‘scour the contract’ when a claim arises?

A

To find language that either supports or refutes the basis of the claim.

Section 2: Finances, Risk & Development of Practice

21
Q

What is a major reason projects begin without a contract?

A

Main project stakeholders often lose interest when it’s time to discuss legal fine print.

Section 2: Finances, Risk & Development of Practice

22
Q

Why is the early excitement in a project potentially risky?

A

Because critical legal details are often overlooked or delayed in favor of starting work quickly.

Section 2: Finances, Risk & Development of Practice

23
Q

What percentage of claims in 2012 involved negotiation and contracts, according to XL Group data?

A

Approximately 27%.

Section 2: Finances, Risk & Development of Practice

24
Q

What elements are typically addressed first in contract discussions?

A

Project scope, site, program, schedule, and budget.

Section 2: Finances, Risk & Development of Practice

25
What tends to be left for later in contract discussions, often to the detriment of risk management?
Terms and conditions (the legal fine print). ## Footnote Section 2: Finances, Risk & Development of Practice
26
Who typically revisits the contract when a claim arises?
The same decision-makers who may have ignored the details earlier in the process. ## Footnote Section 2: Finances, Risk & Development of Practice
27
What are the two key issues in agreements from an architect's perspective?
Profitability and insurability. ## Footnote Section 2: Finances, Risk & Development of Practice
28
Why should an architect reject a commission even if the client is ideal?
If the deal is unprofitable or exposes the firm to uninsured liability, it poses unmanageable risk. ## Footnote Section 2: Finances, Risk & Development of Practice
29
What are considered deal breakers during contract negotiation?
Unmanageable risks such as lack of profitability or uncovered liability. ## Footnote Section 2: Finances, Risk & Development of Practice
30
When is the best time to identify deal breakers in a project agreement?
During contract negotiation. ## Footnote Section 2: Finances, Risk & Development of Practice
31
Can a deal breaker be offset? If so, how?
Yes—via a deal maker such as a higher fee to compensate for increased risk. ## Footnote Section 2: Finances, Risk & Development of Practice