Attorney Gregory Ziegler Shapes the Legal Landscape for Architects and Engineers

Gregory Ziegler, an accomplished attorney specializing in legal representation for engineers and architects, brings a unique blend of personal passion and professional expertise to his field. His early exposure to the design and construction process, thanks to his father’s influence, ignited a deep respect for the creativity and craftsmanship within the industry. This respect, combined with a strong family connection to engineering, has shaped Ziegler’s career path and his commitment to his clients.

Ziegler’s inspiration to specialize in legal representation for engineers and architects came from his late father designing and constructing his childhood home. He explained, “That experience solidified my enamourment with the design process and respect for the creativity and vision of the designers and the craftsmanship and hands-on work of sub-contractors. Also, my oldest son has been in engineering, so it’s a calling.”

Because of that passion, he has had a front-row seat to the legal issues engineers and architects face, with the most common being risk. According to him, risk comes from the projects and clients designers take on, as well as the contract language involved and the time, labor, and money they are okay investing in contract performance. It’s risk versus revenue.

To manage risk and liability for clients on new projects, Ziegler suggests, “Once the contract is negotiated and executed, develop a roadmap of not only project performance but also for contract compliance, remaining mindful of what services are within the client’s scope of work and what are not.”

But first, contracts need to be negotiated, which can be tricky business. To ensure client interests are protected, understanding client project needs, goals, and priorities is a must. According to Ziegler, “Every contract negotiation involves compromise. We also envision having to defend in court every provision of the contract that our client deems critically important.”

Ziegler also helps clients with complex issues like intellectual property law and environmental and zoning compliance. For IP law, it’s all about educating clients on what IP rights exist, such as what is and is not protected. This includes how to achieve available protection, avoid infringement, and, when necessary, how to enforce their IP rights. Environmental and zoning compliance also revolves around education, focusing on the law and nuances of how the laws are interpreted and enforced locally and nationally.

There is also a focus on the technical, with Ziegler’s practice also addressing the unique challenges associated with the technological aspects of their client’s work. He explains, “Technology enhances the expected level of performance, and as technology impacts the design industry, lawyers must also evolve by implementing the latest reliable technology to provide nimble and efficient legal services.”

But the technology is not the only thing evolving. The legal landscape in construction, engineering, and architecture is equally forward-moving. It requires speaking with and listening to clients and being involved in industry groups and organizations like the AIA and ACEC to keep up.

Even then, not every case is easy. When asked about particular cases that rewarded or challenged him, Ziegler had a few in mind, saying, “Honestly, there are so many over nearly 30 years. First, from a corporate perspective, it was the Ocean Tower Padre Island case 12 years ago. Second, I defended a design professional sued individually in a multi-million dollar lawsuit. After a month of trial, we prevailed in that case.”

In the case of representing an individual professional versus engineering or architectural firms, individuals impose greater responsibility. Why? Because the stakes are higher for the individual’s license, reputation, and assets.

“When an individual’s license, reputation, and assets built over a lifetime of work and savings are at risk, the stakes are enhanced,” explains Ziegler.

Fortunately, Ziegler is ready to fight for his clients, and he fully understands the intricacies of engineering and architectural projects. “I’ve seen first-hand what it takes for designers and constructors to do their jobs, so I appreciate what it takes and understand the scope and challenges facing their professions.”

Ziegler even has his own philosophy when it comes to mediation and litigation in disputes involving his clients. The philosophy? It starts with a simple question: what is best for business?

Ziegler explains, “Whether to settle or try a case depends upon not only the balance of risk from liability and defense costs but also encouraging future claimants as well as the impact on the ability to renew liability insurance with their existing insurance carriers or procure future insurance policies.”

However, Ziegler doesn’t see the current legislation as a perfect system. He believes that, to serve the engineering and architectural fields better, “the legislature should take note of the increasing cost that frivolous lawsuits impose on design professionals.”

To a similar end, he sees the future role of legal counsel in the engineering and architectural sectors as being focused on risk mitigation. Why? In Ziegler’s opinion, “This is a byproduct of society and commerce becoming even more litigious and the design sector becoming smarter and learning from the past.”

“Be aware that risk is a real dynamic. Designers must view every aspect of their services through the lens of a potential claim and take steps to mitigate the risk of claim occurrence and bad outcomes,” suggests Ziegler, hoping new engineers and architects will understand the importance of legal planning for their future projects.

Throughout his career, Gregory Ziegler has demonstrated a keen understanding of the intersection between law and the world of design and construction. His insights reflect a comprehensive approach to legal representation in engineering and architecture, balancing the need for risk management with the realities of business and technological evolution. His commitment to staying at the forefront of legal developments ensures his clients are well-protected in an ever-evolving industry.