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This tag is associated with 20 posts

Blockchain: 5 Things You Need to Know Now

While the conventional wisdom around blockchain is that it’s a technology only affecting financial markets, design and construction stakeholders ought to pay attention to new developments, too. If you don’t, you risk falling behind on an important trend that potentially presents a competitive challenge for your firm, but also missing the opportunity the technology presents … Continue reading

Thinking about hiring a drone operator?

Design professionals frequently use drones (unmanned aerial systems) to help provide professional services. A recent article by Mark A. Dombroff, “Lessons in Liability: Drones 101,” reminds us to consider the regulatory and risk management issues that can arise from your relationship with a third-party drone provider. First, consider that accidents, while rare, do occur. Drones … 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

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

EJCDC releases new documents

The Engineers Joint Contract Documents Committee (EJCDC) recently updated E-580, Teaming Agreement to Pursue Joint Professional Services Opportunity. The revisions allow the document to function as a new stand-alone teaming agreement that is suitable for firms interested in “a wide variety of project-pursuit purposes.” E-580 makes it very clear that if the team fails to … Continue reading

Claims corner: as schools open, design professionals fear claims will too

Students are returning to school. Teachers are preparing curricula; Parents are breathing a sigh of relief. And design professionals are concerned that a school they designed could result in a claim. Should these design professionals be worried? Except for residential projects, schools & colleges generate the most claims (frequency) and the most expensive claims (severity) … Continue reading

Scaffolding collapse

Three employees of a contractor were injured when scaffolding failed under the weight of a concrete slab that was being poured. The injured workers, unable to sue the contractor because of workers’ compensation protections, filed suit against the owner, architect, and engineer. The suit against the owner was dismissed because the owner had surrendered the … Continue reading

Don’t blow your credibility with a dated GBCI reference

Firms that provide LEED-based sustainability certification services hold themselves out as having a special expertise. But destroying credibility with a client can be as easy as contracting with the client to have the project reviewed by the Green Building Certification Institute (GBCI). That name has been around since the U.S. Green Building Council (USGBC) limited … Continue reading

EJCDC publishes public-private partnership template

Public-private partnerships, or P3 arrangements, are being used in place of direct public financing for the many infrastructure and other public improvement projects. Under a P3 agreement, a government entity grants a private organization a concession to implement a public project or service, such as developing or renovating public facilities, expanding infrastructure, or providing new … Continue reading

New AIA design-build contracts released

As design-build keeps increasing market share in the project delivery process, more often than not architects and engineering firms are relegated to subcontractor status. Often, the contracts used reduce the amount of services provided by professionals, target professionals for all of the professional liability exposure (even though design-builders should carry professional liability insurance), and create … Continue reading