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Fiduciary Responsibility in Estimating

Ujjval K. Vyas, Ph.D., J.D
Principal - Alberti Group

Fiduciary Responsibility in Estimating

Ujjval K. Vyas, Ph.D., J.D. is an independent business consultant and scholar, and principal of Alberti Group.  Alberti Group provides strategic business consulting services to the AEC industry.  With a unique approach grounded in a multi-disciplinary knowledge base, the company has conducted a wide variety of engagements including market analysis, new business development, product development, and risk management.  Clients range from Fortune 50 companies to small businesses, including manufacturers, design firms, independent specifiers, legal and insurance entities, government agencies, and trade associations.  He has lectured and published extensively in the AEC arena, focusing on legal and public policy issues associated with green building rating systems, high-performance buildings, and building specifications.  He is a licensed attorney and practiced construction law for a decade. Dr. Vyas also taught architectural history, theory, and design at the graduate and undergraduate levels.  He received his J.D. with honors from the Chicago-Kent College of Law, Illinois Institute of Technology, holds a Ph.D. from the University of Chicago’s interdisciplinary Committee on the History of Culture, and is the founder of the Fiduciary Duty Initiative.


Learning Objectives:

An independent and affirmative fiduciary duty to the owner/principal/client from the licensed design professional will change many of the current dynamics between the parties in delivering more efficient and competent design services.  This revolutionary new way to understand the complete set of duties required of licensed design professionals promises to radically alter the landscape of the construction industry.  But of course, this will necessitate changes in the way contractors, estimators, owners, and manufacturers approach the delivery of the project as a whole.  This presentation explains what a fiduciary duty is; why it applies to licensed design professionals; discusses the implications for limitation of liability clauses; the use of standard contracts; and, the changed structure of the relationships in design build delivery methods.  Finally, it also addresses the implications for improved estimating outcomes resulting from both improved specifications and overall coordination between drawings and specifications.

  1. Learn what a fiduciary duty is in relation to the issues associated with licensed design professionals.
  2. Understand why the fiduciary duty attaches to licensed design professionals but not to contractors.
  3. Learn why this new fiduciary duty for licensed design professionals will have such a large impact on the construction industry.
  4. Understand some of the key implications of the fiduciary duty for estimators and other parties in the construction industry.

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