Managing Time & Expectations
Time management is one of the most critical challenges design professionals face, especially those in architecture and engineering (A/E) fields. Few industries are as schedule-driven, with clients often expecting projects to be completed quickly, flawlessly, and on time. There’s a common misconception among clients that A/E firms can fully control project timelines, but the reality is much more complex. Unfortunately, design firms don’t always do enough to clarify this from the outset.
We’ve all seen project timelines veer off course due to a variety of issues. While it’s sometimes easy to identify a primary cause, delays often stem from multiple interconnected factors, making accountability less straightforward.
SETTING REALISTIC EXPECTATIONS FROM THE START
Time becomes a central focus as soon as a project is in the early planning stages. Owners start thinking about timelines even before a team is assembled or funding is secured. They may also face immovable deadlines dictated by external stakeholders. Simultaneously, A/E firms must assess whether the proposed schedule is achievable:
Can they allocate the necessary staff in time?
Are there foreseeable risks like labor shortages, permitting delays, supply chain disruptions, or community pushback?
Even when these issues are outside the firm’s control, clients may still hold the design team responsible if things don’t go according to plan.
DON’T JUST HAVE THE CONVERSATION, DOCUMENT IT
One of the most common themes in claims against A/E firms is a disconnect between what was discussed internally and what was actually communicated to the client. Firms often acknowledge that a proposed schedule was unrealistic, yet project files contain no documentation of that concern being shared with the client.
This is a serious misstep. Proactive, transparent communication is essential, and so is keeping a paper trail. If a timeline feels overly ambitious, that concern should be raised early and backed by documentation. Even if the client doesn’t act on your recommendation, you’ve protected your firm by making the risks known.
Nobody likes surprises, especially clients relying on a firm completion date. Avoid delivering bad news late in the game by communicating clearly, early, and in writing.
PROJECT DELAYS CAN LEAD TO LEGAL EXPOSURE
While design professionals often have limited control over project timing, they can still find themselves pulled into legal disputes when delays occur. Owners’ legal teams may cast a wide net, forcing the A/E firm to spend time and resources defending their role in the delay.
Strong project management, and especially proactive communication, can help reduce this risk. A well-documented timeline discussion can be your best defense if things don’t go as planned.
KEY CONTRACT CLAUSES TO WATCH FOR WHEN IT COMES TO TIME
Here are a few contractual elements that can protect, or expose, A/E firms when it comes to schedule-related liability:
Avoid Time-Based Guarantees
Guarantees related to specific delivery or completion dates can lead to uninsurable professional liability claims. Even with a long- time client or a “simple” project, offering date-specific commitments can be risky if anything goes off course. What starts as a favor can easily turn into a costly liability.
Be Cautious with “Time is of the Essence” Clauses
This phrase elevates time commitments to the level of critical contractual obligations. Missing a single milestone can be grounds for immediate breach. These clauses should be removed whenever possible, as they tend to create more legal exposure than they’re worth.
Liquidated Damages Are a Contractor’s Risk, Not Yours
These penalty clauses are more common in contractor agreements and are not typically covered by professional liability insurance. If such a clause can’t be removed, consider negotiating a cap or maximum amount that your firm is comfortable assuming.
Use Well-Written Force Majeure Clauses
A strong force majeure clause gives your firm a safeguard against delays beyond your control (like natural disasters, pandemics, or major supply chain disruptions). When worded broadly and effectively, these clauses don’t need to name every possible scenario, so long as they offer general protection.
We are available to provide referrals to consultants by providing guidance relative to insurance issues and even certain preventives, from construction observation to developing and applying sound human resources management policies and procedures. Please call on us for assistance. We're a member of the Professional Liability Agents Network (PLAN).
We provide the following material for informational purposes only. Before taking any action that could have legal or other significant consequences, speak with a qualified professional who can provide guidance that considers your unique circumstances.