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Architects and ADA compliance

In September, the law firm of Collins Collins Muir + Stewart reported on three cases (two in Illinois and one in California) that may be signaling good news for architects when it comes to claims involving allegations of ADA non-compliance. In the case of Equal Rights Center v. Niles Bolton Associates, a disability advocacy group … Continue reading

Negotiating indemnity obligations

Client-drafted indemnity obligations are often broad and include defense obligations. Often, clients are unwilling to amend indemnity obligations. If a firm wants to protect itself against the possibility of having to defend its client and paying contractual obligations beyond its professional liability insurance coverage for providing professional services, it may be better off adding a … Continue reading

Game changing energy storage technologies

Introduced recently in the U.S. Senate was a bipartisan bill: the Energy Storage Tax Incentive and Deployment Act of 2017. What this legislation would do is expand the definition of “energy property” in the tax code to include “equipment which receives, stores, and delivers energy using batteries, compressed air, pumped hydropower, hydrogen storage (including hydrolysis), … Continue reading

Still waiting for infrastructure plan

The Trump Administration held a flurry of infrastructure related meetings last week. Lawmakers are still waiting for more details on the $1 trillion infrastructure plan that Trump touted during the campaign. There is uncertainty as to how much actual funding will be allocated to the infrastructure plan, and the President has questioned the role of … Continue reading

Hurricanes and Congressional debate on energy infrastructure

The devastation caused by hurricanes in 2017 to U.S. coastal cities and territories can only be described at this early stage of recovery as historic. The numbers and actual economic impacts in the coming months will no doubt illuminate more deeply the gravity of the situation, and will likely spark a renewed enthusiasm in the … Continue reading

What does tax reform mean for design professionals?

The answer to this question is “it depends.” What was proposed by Trump’s Administration last week in the form of a “Framework” is broadly laid out. The details will be forthcoming in the legislation that will be drafted by committees, but some of the relevant highlights for design professionals are as follows. One of the stated … Continue reading

Fall webinars open for registration

Our Fall webinar series, the Business of Design, kicks off on September 6. Read on for webinar descriptions, presenters, and registration links. Please remember that registration is limited to current insureds and brokers only. Negotiating Contracts with Clients September 6, 2017 1:00 – 2:00 pm EST Register here Through his experience in providing risk management … Continue reading

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

Outer Banks and the importance of locating underground utilities

Hatteras and Ocracoke Islands in North Carolina’s Outer Banks are currently under a mandatory evacuation order. Construction crews working on the Bonner Bridge accidentally drove a steel casing into an underground power cable. At this time it is not clear what led the contractor to make the mistake and whether the location of the underground … Continue reading

New California law and uninsured defense obligations

California recently enacted a law that appears to lessen significantly the burden of indemnity provisions in contracts governed by the state’s laws. The goal of the legislation was to remove the immediate duty by design professionals to defend public and private clients. That duty was based on the mere involvement of the design professional on a project even … Continue reading