New Laws: Who Pays?

Who pays for design changes needed to reflect a new code or regulation (ADA or OSHA, for instance) put in force during the course of a project? If the project is suspended at any stage of development for an extended time, who pays for any design changes necessitated by new regulations when the project comes back on line? If your contract does not provide for such eventualities, you may find yourself providing extensive redesign services to bring projects up to new code -- and without compensation.

Your best bet is to replace the word all with applicable, and to insert a finite cutoff date for redesign as part of your workscope. An alternative approach, if you have to accept the word all, would be to add language to tie your efforts to the standard of care, such as:

The Consultant shall exercise usual and customary professional care in his or her efforts to comply with all codes, regulations, laws... in effect as of the date of _____."

Source: The Contract Guide: XL Design Professional’s Risk Management Handbook for Architects and Engineers.