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BUSINESS NEWS BROWN AND CALDWELL PARTNERS WITH THE WATER RESEARCH FOUNDATION AND UTILITIES TO ADVANCE DE&I IN THE WATER SECTOR The Water Research Foundation is providing $125,000 in funding to Brown and Caldwell to develop scalable diversity, equity, and inclusion best practices for water sector organizations. DE&I is a critical and growing need in the water sector as utilities measure the health and well-being of their organizations and workforce while rethinking how they engage with their communities. The Bureau of Labor Statistics estimates 8.2 percent of existing water operators will need to be replaced annually between 2016 and 2026. Additionally, the water sector tends to be older and lacking diversity. In 2018, the median age of water employees was 48, with 30-50 percent of workers eligible to retire in
the next 5-10 years. The data shows the water sector needs to take immediate action to fill the labor gap while ensuring equitable access to opportunities and training. Presently, there is little guidance to assist water sector organizations with the completion of DE&I assessments and integration of DE&I considerations into many facets of their organization – including recruiting, career progression, project prioritization, community outreach, and training. Led by Brown and Caldwell in partnership with several utilities, WRF Project 5186 will provide best practices for the water industry leaders in completing DE&I assessments, increasing awareness of career opportunities across diverse communities, and implementing DE&I objectives in workforce development to attract, train, and retain water workforce talent.
Principal Investigator and Brown and Caldwell Drinking Water Area Practice Lead Katie Porter commented on the importance of advancing DE&I efforts in the water sector: “Water utilities are pivotal to community well-being, yet they face the dual challenge of addressing historical inequities and preparing for a retiring workforce. Statistics indicate an urgent need for action to address current workforce shortages and increase diversity in the sector. This study recognizes the imperative of filling this labor gap while creating equitable opportunities and training for all.” Following an 18-month research process, the study will culminate in a comprehensive report that will serve as a valuable resource for water sector organizations seeking to enhance their DE&I efforts and create a more inclusive and equitable workforce.
Typically, it is expected that the design documents will be used only on the project related to the contract; yet, unless the language specifically makes that point, it ultimately may not be the case. To protect your firm in the event the owner chooses to use the designs on another project, make sure there is appropriate language that your firm will be indemnified, including defense of any claims made in relation to projects that go forward without your involvement. There should also be a discussion upfront about the owner’s ability to finance the indemnity you are seeking. If possible, architects should retain their copyright at the very least to dispel the perception that architects and engineers might be considered as merely another “contractor” on a construction project. However, in practice unless owners are willing to change their position, you may have no option. Remember to make certain that your consultants are aware of any ownership/copyright transfer and that they have signed on to it. In summary, if you opt to transfer the copyright, then you should make sure you retain the ability to be paid; you want to be sure your standard details are retained, and that the owner is going to use the documents specifically and only on the specified project. The language in the ownership provisions is usually drafted very broadly and it should be narrowed. Does it include your BIM model? All the digital data used in the design? Conceivably, an owner could use earlier versions and try to rely on them. Before you sign a contract with one of these provisions, make sure you understand all the potential ramifications. Lauren Martin is a risk manager and claims specialist at Ames & Gough. She can be reached at lmartin@amesgough.com.
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sure you are protecting your practice. By default, if the contract is silent as to ownership, the architect owns the copyright for their work, and the client’s fee, when paid, provides the client with permission to use the work to build the project as previously outlined. If you see a provision that requires you to transfer your copyright to the owner or to the contractor in a design-build contract, it should be done thoughtfully – and with an eye to being sure you are giving yourself an avenue to be paid; that you are not giving away more than you intended to; and that you are not going to be responsible for the use or reuse of your design without your involvement. Admittedly, many owners prefer to take ownership of various aspects related to their projects; however, one of the key issues associated with the transfer of design ownership is forfeiting your leverage to be paid in full. Retaining the copyright gives the design professional the right to terminate the license to use the documents if they are not being paid. This is a hammer you don’t want to put down. At minimum, if the owner requires you to give up ownership of your documents, then that should occur only after you have been fully paid for your services. Additionally, if you give up the copyright to your documents, you are giving up the copyright to everything in those documents, including the standard details. You’ll want to retain ownership of those details so you can use them in future projects. Thus, there should be an exception in the contract related to standard details. Further, there should likely be language related to use of the design documents for which you have transferred ownership.
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THE ZWEIG LETTER APRIL 15, 2024, ISSUE 1533
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