Invited and selected articles from various professionals within and related to the design industry.
An engineer was not liable for injuries sustained by an employee of a construction contractor where the engineer’s contract did not make the engineer responsible for site safety and where the engineer did not take any action in the field to supervise or control the contractor’s work or otherwise involve itself in the contractor’s safety practices.
This article by Mr. Collinsworth appeared in the Fall 2002 issue of the South East Florida Constructor and is posted on the a/e ProNet website with permission of the South East Florida Constructor and the author. While Mr. Collinsworth’s article presents this information from the Contractor’s vantage point, it nonetheless provides valuable information for any design professional or firm seeking to gain greater knowledge and information of the risk management concerns that apply to a design/build project led by a construction firm.
This article by Mr. Collinsworth appeared in the Fall 2002 issue of the South East Florida Constructor and is posted on the a/e ProNet website with permission of the South East Florida Constructor and the author. While Mr. Collinsworth’s article presents this information from the Contractor’s vantage point, it nonetheless provides valuable information for any design professional or firm seeking to gain greater knowledge and information of the risk management concerns that apply to a design/build project led by a construction firm.
Much has been written on the proper considerations for an a/e contract. Articles and loss prevention guides contain numerous provisions and suggestions, so that your client’s lawyer can ignore them and put together his own form. Even with the best contracts and intentions, a/e’s frequently forget the rest of the team. Contractual liability, though, is like a bullet, passing through each contracting party until it gets to the last in line – all in line are wounded as liability passes through them. To be fair to the entire team, the design professional must take contractual precautions so that its consultants remain responsible and insured for their respective errors, and that all avoid incurring liability for decisions made upstream and without their input.
The insurance marketplace is changing every day. Unfortunately, the most current trends are less favorable for policyholders than they have been over the last decade. By now you have probably heard some frightening stories from colleagues who have had their architects’ and engineers’ professional liability policy premiums increase dramatically, have had important options like “first -dollar defense” or multi-year policy terms eliminated, or, worse, have found it difficult even to find an insurance company to offer them a policy. Some of these reports may be urban legend, but to some degree these issues are facing most architecture and engineering firms around the country. Because of this, you may be considering a switch to a new insurance company. If you are, there are important issues to consider.