Author: Lynda

a/e ProNet has officially announced our two recipients for the 2022-2023 David. W. Lakamp Scholarship.

Initially launched in 1990, the scholarship was renamed after a/e ProNet’s Founder, David W. Lakamp in 1999. Lakamp was a trusted advisor to the profession and left behind a legacy of professionalism and integrity that set new standards in the field of insurance services.

We award two $5,000 scholarships in Lakamp’s name every year to the two students who best demonstrate strong interest in practice and risk management.

 

Jennifer Stieben

One of the two 2022-2023 scholarship recipients is Jennifer Stieben. Jennifer, born and raised in Kentucky is working toward her Master’s in Architecture at the University of Kentucky. She comes from a family who are – “in the trade”. Her grandfather is an Architect, and her father is an Engineer. Jennifer likes the idea of combining the Art and the Science together on a design/build project. She’s currently working on the restoration of a church that recently flooded. The candidates were asked what Risk Management meant to them. Jennifer put her focus on Communication particularly noting how the pandemic changed the way we communicate with each other – in the office, with your coworkers, with the clients and the public. Jennifer notes “Being comfortable with management and coworkers aids in better production because it allows for transparency and better communication. This also relates to employee retention. No trust in management or coworkers causes poor communication which causes poorly executed projects. Good relationships within the company can also result in good relationships with clients.”

 

Deanna Ho

The second scholarship recipient is Deanna Ho. Deanna took a drafting class in high school and got hooked! Deanna received her undergraduate degree in Architectural Engineering at North Carolina A&T State and is working toward her Master’s in Architecture at Arizona State University. Deanna is also a Veteran serving in the US Army. While working on her Master’s she is also working as an Architectural Associate for the US Army Corp of Engineers. Deanna noted her military experience provided her the foundation of her Leadership skills. She learned to perform duties outside of her comfort zone while integrating risk management. She states “ I believe that experience, whether in or out of your field of study, will benefit any business that can lead to productivity, quality results, and improve company culture. Architect firms should embrace and adapt to the new technologies.”

We are very proud of both Jennifer and Deanna. Stay tuned for future Blogs as we follow their projects and achievements.

Schola Eburuoh is one of our AIA David Lakamp Scholarship winners in 2021. She is working on her Masters in Architecture at Harvard. She has been working on this project all school year and it is now completed.

“I was tasked with designing a “City Shed” for my Core II Project I, I was interested in investigating the layering within the greater site context –historically and physically, in elevation and in the plan— and I reflect this layering to create a nuanced accumulation of spaces for the community scaled onto our given site. The important views are highlights in the fragment models- they show the views into the main active area (community basketball and tennis courts). This was an exciting project!”

a/e ProNet Association announces the passing of its first Executive Director, Dan Middleton. We are forever grateful for his contributions to our Association and the A&E industry and clients we represent.  Thank you, Dan.  May you rest in peace.

Dan Frank Middleton, 91 of Orlando passed away peacefully on March 14th.  Dan was born on September 15, 1930 to Frank and Florence Middleton.  Originally from Columbus, Ohio, Dan attended Miami University, Oxford, Ohio; Ohio State University and later received four diplomas from Aetna Insurance Correspondence Course.  He earned the Professional Insurance designation of Chartered Property Casualty Underwriter in 1963 and was awarded the Insurance Institute of America’s Risk Management diploma in 1967.  He was member of the Insurance Board of Columbus and was director of the Columbus Chapter of the Chartered Property Casualty Underwriters. Dan was the Vice President of Atkinson-Dauksch Agencies, prior to it be becoming Coroon & Black, retiring at age 60.  Dan worked again as the Executive Director at a/e ProNet, a professional liability insurance organization for architects and engineers, a professional liability insurance organization for architects and engineers.  What started out as a small non-profit organization grew into a globally recognized and respected group.  Dan worked again until he retired again at age 80.

Work wasn’t Dan’s only passion, he enjoyed being involved in the church, helping people and of course collecting antique Jaguar cars.

The other passion was his involvement at St. Luke’s Methodist Church and helping people.  Dan became involved in the Stephen’s Ministry and became a leader in the organization.  He was known for his prayers.  His words came so naturally and had such grace.  He touched a lot of people during his time in the program.

When word got around among the homeless that Dan came to the Post Office regularly, Dan would give them clothing, new shoes, food and sometimes money.  He was always finding ways to help those who were less fortunate than himself.  He knew that God had blessed him and wanted to share that with others.

The passion for cars was one that he shared with his son Tim.  They traveled all over for car shows and winning numerous trophies for his cars.  Dan was even president of the Jaguar Club of Central Ohio and the Jaguar Club of Florida.

He is survived by his wife of 64 years, Marilyn and children Tim Middleton (Orlando) and Suzanne Middleton (Charlotte) as well as sister Nancey Vickers. The funeral service will be at the mausoleum chapel at Forest Lawn Memorial Gardens (5600 E. Broad Street) Columbus, OH on Friday, March 25, 2022 at 11:30 AM.

In lieu of flowers please consider a memorial donation to the following: Orlando Lutheran Towers Foundation, or St. Jude Children’s Research Hospital.

Schola is one of our 2021 AIA David W. Lakamp Scholarship recipients. She is working on her Masters in Architecture at Harvard Graduate School and is interested in Urban Design and Community Planning/Development. She recently sat down with a/e ProNet member Brent Gough of Ames & Gough (MA) to discuss her final project.

“So this was my final project of the Fall semester! We had approximately 4 weeks from start to finish and it was also a partner project with a fellow student. We designed an artist residency situated between two existing triple-deckers in Cambridge, MA. We designed the artist residency as a space that can be gifted to the community for social gatherings and demonstrations. It was wonderful to work to create this privately owned public space to close out my first semester!” 

We are very proud of Schola and we look forward to watching her dreams become reality!

In this second of two short videos, a/e ProNet Associate Member Kent Holland, JD. addresses key risk allocation issues in a typical indemnification clause.

Kent shows how he would recommend redlining to revise an uninsurable indemnity clause under a professional insurance policy. His revisions limit indemnity to third party tort claims and the damages from such claim only to the extent caused by the Indemnitor’s willful misconduct or negligence.

Kent also deletes from the list of Indemnitees “agents and representatives” as being too broad, and shows other ideas as well.

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Author Information

Kent Holland, J.D.

Construction Risk, LLC Visit >
1950 Old Gallows Rd., Suite 750
Tysons Corner, VA 22182
kent@constructionrisk.com
p: (703) 992-9480

In this first of two short videos, a/e ProNet Associate Member Kent Holland, JD. reviews recent litigation concerning contractual indemnification clauses, and discusses risk management tips learned from these court decisions. 

Topics Include:

• Limiting indemnity to damages resulting from third party claims.
• Avoiding an obligation to duty against professional liability claims.
• Limiting indemnity to damages to the extent caused by the Indemnitor’s negligence instead of allowing the broader indemnity for the damages “arising out of” negligence.

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Author Information

Kent Holland, J.D.

Construction Risk, LLC Visit >
1950 Old Gallows Rd., Suite 750
Tysons Corner, VA 22182
kent@constructionrisk.com
p: (703) 992-9480

a/e ProNet has officially announced two recipients for the 2021-2022 David. W. Lakamp Scholarship.

Initially launched in 1990, the scholarship was renamed after a/e ProNet’s Founder, David W. Lakamp in 1999. Lakamp was a trusted advisor to the profession and left behind a legacy of professionalism and integrity that set new standards in the field of insurance services.

The company awards two $5,000 scholarships in Lakamp’s name every year to the two students who best demonstrate strong interest in practice management.

One of the two 2021-2022 scholarship recipients is Alexandra Gottlin. A native of Stanford, CT, Alexandra grew up on the East Coast. Her undergraduate work led her to a degree in mathematics and she started in the trade as an estimator and project manager in construction. She quickly gravitated towards risk management, a concept that usually comes later on in similar careers. Armed with a deep-seated desire to gain a deeper experience, she decided to pursue an architectural master’s degree at the University of Oregon, Eugene, OR. As an East Coast native, she quickly found out how uniquely cold the Pacific Ocean is to the Atlantic. She is aiming her career toward bringing contract reviews and estimations into a career in hospitality and residential architecture, particularly creating warm interior designs. “I want to create unique experiences,” said Alexandra to a/e ProNet Executive Director Lynda Colucci and Member Stan Pease of Shipley & Pease.

The second scholarship recipient is Philadelphia, PA native Schola Eburuoh. Schola’s interest in architectural design and helping people started as a child. With a real estate agent for a father and a doctor as a mother she had some practice early on building houses from the ground up. From her participation in the design, colors, and feel of the house her family built, to her time as a volunteer with Habitat for Humanity, she knew that she wanted to incorporate both of her parent’s ethos into her future. She received her undergraduate architectural degree at The Catholic University of America in Washington D.C. and is preparing to head to Harvard Graduate School of Design this fall, where she will pursue an architectural career centered around public interest designs. “I want to give back and be able to help people,” Schola told a/e ProNet Executive Director Lynda Colucci. “I hope to use and develop skills to transform the world around me.” Schola’s dream job is to someday own her own firm with some like-minded collegiate friends.

“In this third year of administering the a/e ProNet David W. Lakamp scholarship, we continue to be impressed with the exemplary quality of the applications for this highly competitive award,” said R. Steven Lewis, FAIA, NOMAC, Architects Foundation President. “We look forward to Schola and Alexandra joining the distinguished network of Architects Foundation Scholars and Alumni paving a bright future for the profession.”

We are very proud of both Alexandra and Schola and we look forward to watching their dreams become reality!

Meet Jillian Brislin, a/e ProNet’s 2021 ACEC Scholarship winner. Ever since her grandfather (a civil engineer) bought her her first Erector Set as a child, it has been Jillian’s dream to build bridges. She recently sat down with a/e ProNet member Brent Gough of Ames & Gough (MA) and a/e ProNet Executive Director, Lynda Colucci to discuss her career dreams.

A native Philadelphian, Jillian is now in her fourth year at Northeastern University in Boston, MA. She intends to graduate with a bachelor’s degree in Civil Engineering and will further pursue a Master’s Degree with emphasis in Structural Engineering (as well as the coveted PR and/or SE designations.) These are lofty goals, but they are certainly achievable for such an ambitious young woman. One of Jillian’s dreams is to travel around the world and study the works (and structures) of old cathedrals and mosques. How is it they still stand century after century?

Jillian is humbled and excited to receive a/e ProNet’s scholarship and she is looking forward to someday working on new bridges and infrastructures here at home. Congratulations Jillian! We are proud to invest in your education and we know you will go on to do great things!

Like everyone else in America, COVID-19 brought our world to a screeching halt last March. For litigators, it instantly meant that all Courts were closed, deadlines were postponed, and trials were impossible. Instead of juggling schedules between court appearances, depositions, mediations and trials, we were initially at home telecommuting and discovering creative alternatives how to handle the new covid challenges the pandemic created. How do you litigate your client’s case when you can’t see anyone in person or go to court? Gradually, we adjusted and learned to solve this problem in a variety of new ways.

With Courts closed in DC, Maryland and Virginia, civil jury trials became impossible for the foreseeable future or at best six months or more away. Consequently, we could not seek the ultimate resolution of “going to trial” that litigation offers. Early on, Courts in Maryland actually discouraged filings because it would require more staff to enter the building and risk more potential exposure to COVID. All of this can be frustrating to clients who want their cases to be heard in court. These delays usually resulted in additional discovery, additional motions or opportunities for settlement negotiations. Earlier this year, we had two extremely protracted and difficult cases which were destined for jury trials, settle, in part, because the parties preferred settlement to the unforeseeable future of actually getting to a jury perhaps sometime in late 2022. Last year and this year, we saw cases progress through zoom discovery, zoom court conferences and zoom mediation reach settlement despite the lack of reasonable access to civil jury trials in the courts.

The downside of the delays are increased litigation fees and expenses. Attorneys have time to investigate more facts or file more motions. We have a summary judgment motion that was filed in the summer of 2019 but hasn’t been ruled upon because of the shutdown. In that time period, the plaintiff worked feverishly to dredge up new facts to justify an amended opposition. This will inevitably require amended reply briefs from our office with additional factual investigation and legal research. Some of our cases have higher costs now because they weren’t resolved in the typical pre-Covid timeframe.

One positive note is the flexibility of the legal profession to innovate in these times. We’ve found new ways to communicate with clients over Zoom so that we can still make a personal connection without travelling. Attorneys and staff discovered that we can work from almost anywhere as long as you can connect to the internet. We think that at least some of the changes to the legal profession from COVID will be permanent such remote attendance at many depositions, court conferences, some mediation hearings. However, everyone is looking forward to some return to a “New Normal” with some opportunity for in person contact with our clients, other attorneys, judges and juries.

In March of 2020, the COVID-19 shutdown at first looked like an existential threat to traditional practice of litigation law firms. During the past surreal year of the pandemic, the courts and the bar have adjusted and managed to push through these challenges. Now, with the increasing availability of the Covid vaccines and light “at the end of the tunnel”, the profession should come out of it stronger and more efficient than it was before. Thankfully, we have survived the past year and we are all eagerly awaiting to return to the “New Normal”.

Copyright © March 2021 MCSHANE, P.C. All Rights Reserved.

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Author Information

Terrence M. McShane

McShane PC Visit >
1211 Connecticut Ave, NW, Suite 425
Washington, DC 20036
tmm@mcshanepc.com
p: (202) 530-8102