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Considering organizations for your arbitration

Under the CNA policy, professional service firms can, in a contract, agree to arbitrate any disputes. The decision, however, cannot be unilateral if a claim is in existence—at that point the CNA claims specialist has to approve the procedure. But even if policyholders can select arbitration, should they? And in what form? The reasons to … Continue reading

Understanding fiduciary obligations

While all contracts have a legal standard of trust, a fiduciary relationship is a higher legal level of trust because one party is vulnerable financially to the actions of the other party. A fiduciary obligation is not considered an “arms-length” transaction where each party is looking out for their own interests. Instead, a fiduciary is … Continue reading

How are archaeological discoveries on project sites handled in your contracts?

Salvage archaeology, the collection of archaeological data and materials from a site in danger of imminent destruction, can sometimes delay a project. The removal and preservation of archaeological materials discovered during construction is usually covered by state or federal funding, but the costly delays that can have disastrous impacts on project completion are not. However, … Continue reading

Damages awarded in Chinese drywall suit

For those people whose homes and lives were affected by Hurricane Katrina, the toll was heavy. Unfortunately, some of those people were sideswiped again when faulty drywall manufactured in China was installed in rebuilt homes in Louisiana, Mississippi, Florida, Virginia, Alabama, and Texas. Chemicals in the drywall produced a strong odor in the homes and … Continue reading

Those difficult conversations…

As a design professional you have been engaged by the client. And kudos to you for winning the work; it is not easy to be selected by a client, who has lots of other options in the marketplace. Your job is to add your particular expertise to the client’s strengths so that you can help … Continue reading