Session 3: The Art of Negotiation

Date: December 7, 2018
Location: FOX Architects 1240 22nd St NW, Washington, DC 20037
Led by: Francis D’Andrea, AIA, NCARB with FOX Architects and Kathryn Dreitzler with Microdesk
Session Sponsors: FOX Architects, Sauf Haus Bier Hall
Session Downloads: Session 03 Homework; Session 03 Guide

Overview
Kathryn and Francis prepared the third session titled “The Art of Negotiation,” which was held at the Fox Architects’ theater space in Washington DC. Throughout the afternoon scholars were involved in discussions on four types of negotiations that are experienced through one’s career progression: Project Proposals, Career advancements, Standard Contract Terms, and Enforcing the Contract. Prior to the session, everyone was asked to review a case study that was analogous to an Architect’s Standard of Care. The presenters shared valuable lessons learned throughout their own negotiations and careers to allow the scholars to see these concepts in practice.
Photo of scholars engaging in a discussion during one of the day’s presentations.

Presentation #1: Negotiating a Proposal
During the first presentation, Janet Rankin RA -Director of Operations at HYL Architecture -presented on key elements included in an architectural proposal and strategies for their successful negotiation. Ms. Rankin shared her 25 years of experience in the real estate industry to identify different approaches that can be taken to secure a project.
Photo of Presentation #1: Negotiating a Proposal

Presentation #2: Negotiating for Yourself
Robert Holzbach, AIA, LEED AP -Associate Principal and Director of Staff Operations with Hickok Cole Architects -gave his advice on how to negotiate for oneself at various stages along the career path. Holzbach, a hiring and staff operations manager with over 20 year experience, shared “do’s” and “don’ts” from past experiences when negotiating for a new position as well as a raise or promotion. The discussions focused on understanding what a successful negotiation is, establishing goals for the negotiation,and understanding the power landscape. He presented ways to leverage the concepts of hourly and billable rates to help the scholars achieve their career goals. He stressed that successful negotiations make both parties feel like they’ve won, and that reaching agreement and trust are key components to negotiations of any type.
Photo of Presentation #2: Negotiating for Yourself

Presentation #3: Negotiating a Contract
Mike Koger is an attorney on the Contract Documents team at the American Institute of Architects in Washington, DC. At the AIA, Koger works with a group of attorneys and architects to create and revise the AIA contract documents. In the third presentation, Koger focused on the industry’s most negotiated aspects of the contracts: limitations of liability, indemnity, ownership of design,and the Architectural Standard of Care. Prior to the session, the scholars reviewed a Massachusetts case from 1850, Brown v. Kendall, an assault and battery case study that served as a teaching point for applying the Architect’s Standard of Care.
Photo of Presentation #3: Negotiating a Contract

Presentation #4: Enforcing the Contract
During the round table discussion, speakers took part in a moderated dialogue and open questions from the scholars. The round table participants were Mike Koger, Derek Warr, AIA, LEED AP BD+C, Studio Director of the Lifestyle 2 Studio at Gensler, and Derek Wood, AIA, LEED AP, a managing principal at FOX Architects. Pairing Warr’s and Wood’s experience working with numerous contract types and negotiations with Koger’s expertise on contract language provided the scholars varying perspectives on theoretical, legal, and actual processes for enforcing the contract. Key recommendations included using the contract as a road map for managing the project and to request a copy of the Owner/Contractor Agreement to better understand the Architect’s rights and responsibilities during construction.
Photo of Presentation #4: Enforcing the Contract