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05/2005 |
Smoke, Mirrors, and Snake Oil: Risks in Marketing | |||||||||||
![]() by James B. Atkins, FAIA, and Grant A. Simpson, FAIA Once there was an illustrated joke where an Egyptian architect was gleefully announcing to his workers that the firm had been awarded the Pharaoh’s pyramid contract. The architect was a high ranking official in his time, and it is well known that high ranking officials who worked on the pyramids were ultimately sealed in the tomb along with their leader. Although the joke was funny, the thought of an architect entering into a fatalistic contract hits just a little too close to home these days. Today, we need not worry about losing our life for doing a project, but we should be concerned about losing our livelihood. As we compete for commissions, we may be inclined to embellish our representations in order to present ourselves in the best light. These actions are not intended to mislead, but if we tell our clients that we are the best around, they may expect our work to be better than everyone else’s. This expectation exceeds the definition of the standard of care and could come back to haunt us in the event of a claim.
AIA Document B431-1993, Architect’s
Qualification Statement The message is clear that the form is representing that the submitting architect performed the work being presented. Caution must be exercised so that listed work by others is not represented to have been specifically performed by the architect—as Frank Lloyd Wright supposedly did of Louis Sullivan’s work in his pursuit of the Larkin Building. The instructions are more explicit in the next paragraph, wherein Canon III of the Code of Ethics and Professional Conduct is referenced, “Under R.3.301, members are enjoined from misleading clients or prospective clients about the potential results of members’ services.” One rapidly recognizes that the purpose of AIA Document B431 is to present an honest, accurate representation of the architect’s experiences and capabilities. Further, the architect is required to sign the statement certifying that, “The information provided in this Architect’s Qualification Statement is true and sufficiently complete so as not to be misleading.” The architect is required to certify rather than just sign the document in order to eliminate any chance of variation or approximation. To certify, according to Black’s Law Dictionary, is “To authenticate or vouch for a thing in writing, to attest as being true or as represented.” This goes beyond simply assuming a document prepared by others is correct. It indicates that you have complete knowledge of the document’s accuracy. Been there, done that Direct project experience must not be represented if it does not exist. It is sometimes better to take a back seat on a project and give away a good measure of the fee to gain experience in a new project type. If you can get experience on a new project type without losing money, it is not a bad investment for starting up new building type expertise.
Some states do not license architecture firms and require registration with their secretary of state. Consequently, you must exercise caution with the use of your firm’s name in business transactions and be sure that you have complied with all licensing requirements. (For more information on individual state licensing statutes, Visit the National Council of Architectural Registration Boards Web site and click on “Registration Requirements” for a listing of registration and contact information in the 50 states, the District of Columbia, and the U.S. possessions.) To be completely safe, it is best to call the state board to confirm current registration requirements. Every word you write For example, if we represent our projects as being “of the highest quality,” or providing services “of the highest standards,” we set ourselves above what can be reasonably measured in comparison to other design professionals. If we promise to design projects of the highest quality, then there are no other projects in existence that are as good, not even our last project. Obviously, this is a standard that cannot be met. It is a great challenge to represent ourselves as being better than our competition without misrepresenting our capabilities or elevating the standard of care in the process.
A final caution on the risks incurred by printed material relates to renderings. Many clients wish to “see” their project before it is constructed, and with computer graphics technology, producing a rendering of the proposed vision for the project is easier than ever. If there is scope represented in the graphic illustration that exceeds what is in the program documents, there is a chance that the client will be expecting it by the time the project is finished. The same is true for building models. Any medium that influences the client’s expectation should be carefully administered. Every word you say At least one state requires that presentations on public projects be video recorded and made an exhibit in the Owner-Architect agreement. Anything said in the interview can be potentially used to set the expected level of performance. In any case, “real time” audio and video records dictate that we choose all words carefully and prudently as we extol our greatness. If you have project team members in the interview who do not ordinarily present, it is wise to coach them in advance on the appropriate words to use and avoid. One should also be cautious when addressing the competition during presentations. Aside from the ethical ramifications, degrading or inappropriately describing other contenders while on public record can easily support allegations of defamation. Take the high road and keep your remarks above board when pursuing a project. The best approach is to represent only you and your firm and do not discuss the competition. Over-promised and under-delivered Project schedules can be a particularly challenging subject in marketing, because architects often promise they will meet impossible schedules. It is virtually impossible to know in advance exactly how long a project will take to produce. If you are forced to provide a delivery date, be sure to include reasonable float time to accommodate the unforeseen. Be sure to include a line item after construction has begun for coordination of documents with the contractor’s work plan to cover the possibility that drawings will require revision at a later date. This way, you can finish ahead of your float time and look like a hero, or you can meet the time and come out alive. It is safer to lose a job than to agree contractually to a delivery schedule that cannot be achieved.
Sincerity and reliability go a long way The best approach is to be yourself when trying to convince the client that you can deliver their project. Sincerity and reliability go a long way toward demonstrating how well you can do the job. As Roger L. Pickar points out in The Architect’s Handbook of Professional Practice, (13th ed., Chapter 7.1, “Marketing Planning and Strategies”):
Make your contacts and play your cards, but avoid the smoke, mirrors, and snake oil. It takes a while to break into a new market, so be patient and bite off small pieces. A minor role on a project is still a place on the project team. Just remember, one project, and you can claim experience; two projects, and you may claim to have expertise; and after that, there should be nothing to hold you back. And meanwhile, as you fill out the next B431, be careful out there . . . Copyright 2005 The American Institute of Architects.
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