Gregory Ziegler is a seasoned attorney specializing in legal representation for engineers and architects. With over two decades of experience, he has become a trusted advisor in navigating the complex legal landscape of the design and construction industries. Inspired by his early experiences working alongside his father, a designer and builder,
Greg Ziegler has built a career dedicated to supporting and protecting professionals in these fields. His commitment to his clients is evident in his proactive approach to legal challenges and ongoing advocacy for fair legislative practices. In this interview, we gain insight into Ziegler's motivations, strategies, and vision for the future.
What inspired you to specialize in legal representation for engineers and architects?
My late father designed and constructed my childhood home. I read architectural drawings at age six and helped lay bricks and install insulation at age eight. That experience solidified my love for the design process and respect for the creativity and vision of the designers, as well as the craftsmanship and hands-on work of subcontractors. When I decided to become a lawyer, my admiration for the design community led me to help design professionals. Additionally, my oldest son is in engineering, so it feels like a calling.
Can you describe the most common legal issues that engineers and architects face in their professions?
Risk is the common denominator. Every successful client will experience legal issues. Selection of the project and client, as well as contract negotiation and execution, are common risk points. Risk arises from the projects and clients designers choose, the contract language they accept, and the resources they invest in contract performance. It’s a balance between risk and revenue.
How does your legal practice address the unique challenges that come with the technological aspects of your client's work?
Technology enhances the expected level of performance. The greater the technological advantages in assisting with project performance, the higher the level of expectations from our clients' clients, which increases the risk of claims and heightens the need for proactive legal protection. As technology impacts the design industry, lawyers must also evolve by implementing the latest reliable technology to provide elegant and efficient legal services.
What steps do you take to stay current with the evolving legal landscape in construction, engineering, and architecture?
I talk to and meet with our clients, listen to them, and stay involved in industry groups and organizations like the American Institute of Architects (AIA) and the American Council of Engineering Companies (ACEC). Collaboration with and listening to our clients and their peers has proven invaluable for learning what design professionals face and how to assist them in anticipating and addressing risk.
Could you share a particular case that was especially rewarding or challenging for you?
There are many, but two stand out. First, from a corporate perspective, the Ocean Tower Padre Island case, often called the "Leaning Tower of South Padre." Despite predictions of bankruptcy and ruin, our client remains successful and profitable today. Second, I defended a design professional in a multi-million dollar lawsuit where the plaintiff sought to destroy my client's professional reputation and financial condition. After a month of trial, we prevailed. We pride ourselves on defending design professionals from Wall Street to Main Street with tenacious advocacy.
How do you approach the negotiation of contracts for your clients to ensure their interests are protected?
First, we communicate with our clients to understand their project needs, goals, and priorities. It's about balancing their need for business with the need for risk protection. Every contract negotiation involves compromise. We identify our client’s bottom-line goals and deal-breakers to strike the right balance, helping them achieve the project while gaining as much protection as possible. We also envision having to defend every critical contract provision in court. Sometimes, we advise clients to leave projects if the risks outweigh the benefits.
What are the critical legal differences between representing individual professionals and engineering or architectural firms?
Representing individuals imposes greater responsibility because the stakes are higher for their license, reputation, and assets. The stakes are much higher when an individual’s professional life and savings are at risk. Firms face broader concerns like corporate liability, intellectual property rights, and contractual obligations. Our approach is tailored to address these different risk profiles.
How does your background or experience equip you to understand the intricacies of engineering and architectural projects?
I've seen firsthand what it takes for designers and constructors to do their jobs, so I appreciate and understand their scope and challenges.
What is your philosophy regarding mediation and litigation in disputes involving your clients?
The primary question is, what is best for business? Whether to settle or try a case depends on the balance of risk from liability and defense costs, potential future claims, and the impact on liability insurance.
In what ways does legislation need to evolve to serve the engineering and architectural fields better?
Legislation should protect design professionals from frivolous claims, prohibiting lawsuits for purely economic damages against those with whom the claimant does not have a contract. Higher qualifications for experts who testify in claims against design professionals are also needed to ensure qualified experts are able to advance frivolous claims.
How do you assist your clients in navigating the complexities of intellectual property law?
We educate our clients about intellectual property rights, what is protected, how to secure protection, avoid infringement, and enforce their rights when necessary.
What strategies do you employ to manage risk and liability for your clients on new projects?
We develop a roadmap for both project performance and contract compliance. This involves staying within the scope of work and avoiding additional services without proper agreements. Effective communication and thorough documentation are critical strategies for managing risk.
Could you explain how you work with clients to ensure compliance with environmental and zoning laws?
Education is crucial. We go beyond reading the laws to understanding how local and national agencies and courts interpret and enforce them.
What advice would you give new engineers and architects about the importance of legal planning in their projects?
Risk is a natural dynamic. It’s not enough to be a good designer or engineer. Viewing every aspect of services through the lens of potential claims and taking steps to mitigate risk are essential. Consulting with legal counsel in advance and staying informed about risk and liability trends can prevent issues and prepare for potential problems.
Looking towards the future, how do you anticipate the role of legal counsel in the engineering and architectural sectors will change?
The design industry will rely more on legal counsel for risk mitigation. Legal counsel will be involved earlier in projects to address potential claims. As the sector becomes brighter and more litigious, legal strategies must adapt.
Final Thoughts
Gregory Ziegler and his extensive experience and deep understanding of the engineering and architectural fields make him a vital asset to his clients. His proactive approach to risk management, commitment to education, and advocacy for supportive legislation demonstrate his dedication to these professions. As the industry evolves, Ziegler’s insights and strategies will continue to help engineers and architects navigate the complex legal landscape, ensuring their success and protection.
By Chris Bates
