//
archives

negligence

This tag is associated with 6 posts

How climate change is changing the standard of care

This intriguing issue was recently addressed by attorneys Elena Mihaly, William Franczek, and Andrew P. Selman in an article published in the summer 2018 issue of the Journal of the American College of Construction Lawyers. Their article was also part of a larger study, Climate Adaptation and Liability: A Legal Primer and Workshop Summary Report. … 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

$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

Fit for the intended purpose language rife with liability

Under American law, design professionals are required to exercise reasonable skill and care in their designs, but that normal (and insurable) legal requirement can be modified by an expressed or implied fitness for purpose obligation. Unfortunately, this is an issue we continue to see in our contract reviews for policyholders. Beyond the Standard of Care … Continue reading

To whom should you extend your indemnity obligations?

It seems that indemnity provisions are increasingly less likely to limit a design professional’s obligation to only the design professional’s client. We regularly review indemnity provisions that include the client’s parent company, affiliates, subsidiaries, successors and assigns, officers, employees, representatives and agents, the project’s owners, a county client, a state client, lenders, contractors, subcontractors, and … Continue reading

Managing the risks of retaining subconsultants

Many design professionals are concerned about their “vicarious liability” when retaining subconsultants. Many others don’t realize that a prime design professional is always responsible for the actions—including negligence—of those providing services through the prime design professional. This exposure is amplified if the subconsultant doesn’t have adequate insurance. Although the Schinnerer professional liability insurance program provides … Continue reading