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Judy Mendoza

Judy Mendoza has written 59 posts for Schinnerer Risk Management Blog

Extended reporting periods—do I need one?

Because professional liability insurance policies are written on a “claims-made and reported basis,” there is no coverage for claims once the policy has terminated or been cancelled—unless you have an extended reporting period (ERP). An ERP extends the policy to allow for the reporting of claims that are made against you during the term of … Continue reading

DRBs help bring projects in on time and on budget

Dispute resolution boards (DRBs)—sometimes also referred to as dispute review boards—have been shown to significantly reduce claims and disputes on construction projects, resulting in greater cost savings for all of the stakeholders. A DRB is a panel of impartial, specifically-trained professionals formed at the beginning of a project that encourages resolution of disputes at the … Continue reading

Lessons learned from top employers

If You Build It, They Will Come Within 15 miles of one another in Northern California, Apple, Google, and Facebook are setting the standard for workplace glamour—all with an eye towards attracting the best and brightest talent. Facebook’s 430,000-square-foot building was designed by Gehry Partners and opened in 2015. It also reflects openness with what … Continue reading

Lessons learned from “leaning tower of San Francisco”

The Role of a Peer Reviewer By now, many of you are probably familiar with the litigation swirling around the Millennium Tower, San Francisco’s $350 million, 58-story condominium building. When it opened in 2008, it was touted as the most luxurious tower in San Francisco, attracting wealthy purchasers from tech millionaires, venture capitalists, and local … Continue reading

$227 million settlement reached in building collapse

A 2013 building collapse, which was discussed in our blog post, “2013 Philadelphia building collapse,” just settled for $227 million. After almost 4 years, including a 5-month trial, the 19 people who were killed or injured and their families will finally receive compensation. The trial was the longest in Philadelphia court history, and the settlement … Continue reading

Should you be concerned about consequential damage claims?

Recently, I’ve received a number of telephone calls from design firms concerned about consequential damage claims and contract language that refers to these damages. I thought it might be a good time to take a look at how this affects design professionals. Here are some of the questions I’ve received: 1. “What are consequential damages?” … Continue reading

Case study: good news for architect defending public nuisance lawsuit

The following case study shows the importance of a well-drafted professional services agreement that clearly delineates a firm’s scope of services and explicitly places responsibility for site safety with the contractor. If the agreement provides for any construction phase services by the design professional, the agreement should include express language that the contractor is solely … Continue reading

Definition of “success” is relative for condo claims

Condominium work is coming back strong after being scarce for several years. Many millennials and other first time buyers can and want to invest in condo units in urban areas. And renting is less attractive to a maturing class of residential owners as they downsize from single-family homes. Condo projects can be tempting work for … Continue reading

Claims corner: what causes claims against land surveyors?

In Schinnerer’s land surveyors program, houses and townhouses are the project type with the most claims in terms of frequency (35.8%) and severity (33.3%), followed closely by land and site development (30.6% frequency / 26.9% severity). The problem areas (those areas that cause claims during the course of the surveyor providing professional services) that create … Continue reading

AIA releases mid-year Consensus Construction Forecast

The mid-year conclusions from this year’s AIA Consensus Forecast indicate that slower growth in the economy has also affected the construction industry. What is the AIA Consensus Forecast? “It’s conducted twice a year with the leading nonresidential construction forecasters in the United States including, McGraw-Hill Construction, IHS-Global Insight, Moody’s Economy.com, FMI, Reed Construction Data, Associated … Continue reading