Labor Law : Amber Book 40 Minutes of Competence 026

Amber Book : 40 Minutes of Competence
Study together for the Architect’s Registration Exam. Each Thursday at 6pm ET we meet at this Zoom link (us02web.zoom.us/j/83922907346) to tackle a matter of technical or professional competence that’s important for you to know for the test. To be added to our mailing list for future meetings, email [e-mail].
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[@gsuccidesign]

I think the speaker has skipped the explanation of HIPAA, which was started at 7:15, but then it was just skipped and the speaker jumps to the ERISA explanation...

[@mikegbabcock]

34:00 I'm an attorney and I'm studying for the ARE. I found a great video by construction lawyers in Chicago that does a very good job of clarifying SOL and SOR for architects: ruclips.net/video/4Pf7u2jTqjU/видео.html
SOL is the time you have to bring your action once the error is discovered. SOR is an absolute limit on the time you have to discover the error. SOL floats, whereas SOR is fixed.
The math works like this: say the SOL is 4 years and SOR is 10 it works like this: if you discover or reasonably should have discovered the error 9 years and 364 days after the error occurred, you have 4 years from that date to bring your action. So total liability exposure to the architect here is 14 years after the project is completed. If you discover same 10 years and 1 day after the defect, you are totally barred from bringing your action.
Now let's say the action is brought 6 years after the error was made, but the architect can show that the owner should have known about the error 1 year after it was made. That mean the owner should've filed their lawsuit by year 5. The architect might've proved this with a smoking gun email, sent from the owner 1 year after Substantial Completion, in which the owner acknowledges the error. Here, the owner's lawsuit would be dismissed.
The video also discusses the AIA's attempts to remove the ambiguity caused by the SOR through stipulated language in the AIA contracts. The important take away here is remembering that the parties to an AIA contract can stipulate their SOL and/or SOR terms through private agreement- which will supersede whatever the law is. It's probably not relevant to the ARE to go into it, but the video explains it well.
Perhaps a key take away to remember is this: Architects benefit from a short SOL/SOR. Owners benefit from a long SOL/SOR.
I really enjoy the Amber Book videos- and look forward to becoming a paying subscriber soon. Thanks to Professor Ermann for explaining the content in a clear and enjoyable way.