Tag: a/e ProNet Member

2013 AIA Top Ten Green Projects List: a/e ProNet Clients Among the Winners!

By Lynda

We wanted our 100th post here at The ProNet Blog to be something special! So, we decided to use it to give a much deserved shout-out to the a/e ProNet clients who were recently recognized by the AIA Committee on the Environment (COTE).

According to the ArchDaily blog:

“The COTE Top Ten Green Projects program, now in its 17th year, is the profession’s best known recognition program for sustainable design excellence. The program celebrates projects that are the result of a thoroughly integrated approach to architecture, natural systems and technology. They make a positive contribution to their communities, improve comfort for building occupants and reduce environmental impacts through strategies such as reuse of existing structures, connection to transit systems, low-impact and regenerative site development, energy and water conservation, use of sustainable or renewable construction materials, and design that improves indoor air quality.”

While we, of course, congratulate all the winners of this important distinction, we are especially excited for the clients of our members, including Leddy Maytum Stacy Architects of San Francisco and Brooks + Scarpa of Los Angeles!

lmsarchitects_merrittcrossingLeddy Maytum Stacy Architects / Merritt Crossing Senior Apartments

“Located at the edge of Oakland’s Chinatown, this new affordable senior housing transforms an abandoned site near a busy freeway into a community asset for disadvantaged or formerly homeless seniors while setting a high standard for sustainable and universal design. The high-density, transit-oriented project is one of the first new developments planned near the Lake Merritt BART regional transit station. The upper floor apartments respond to the character of the eclectic Pan-Asian neighborhood with colorful and varied porous facades that reflect their orientation. The south façade features an independent screen that provides shading, privacy and acoustical modulation while enlivening the view of passing freeway drivers.”

brooksscarpa_yinyanghouseBrooks + Scarpa / Yin Yang House

“This nearly net-zero energy live/work home and office was designed to function not only as a home and commercial office for both parents, but also as a private home for a large and growing family with several children. We sought to create a calm, relaxed and organized environment that emphasizes public space and changes the stereotype of a live/work home for a large family with young kids. Part private home and part business, the house is meant to serve as a place to entertain and a welcoming space for clients and teenagers. It was designed to incorporate sustainable design as a way of teaching a green lifestyle and the offices are purposefully integrated with the home, making both the house and office feel large despite their small combined area. Passive measures, such as a very tight building envelope, reduce energy demand by more than 50 percent. The 12-kW solar system produces 100% of it’s electricity needs.” Continue reading “2013 AIA Top Ten Green Projects List: a/e ProNet Clients Among the Winners!”

Florida: Design Professionals Receive Limited Statutory Immunity

By Lynda

scalesWhere does professional liability end and personal liability begin? For design professionals, the line can sometimes be fuzzy, especially with regard to personal injury claims.

Now, Florida’s lawmakers have taken steps to limit liability in for design professionals in these cases.

According to a recent announcement by the legal firm of Smith, Currie & Hancock LLP:

 

“On April 24, 2013 Governor Scott signed Senate Bill 286 into law creating section 558.0035, Florida Statutes. This new law grants individual design professionals employed by a business entity or an agent of the entity immunity from liability for economic damages resulting from negligence occurring within the course and scope of a professional services contract under the following conditions: (a) the contract is made between the business entity and a claimant or another entity for the provision of services to the claimant; (b) the contract does not name an individual employee or agent as a party to the contract; (c) the contract prominently states that an individual employee or agent may not be held individually liable for negligence; (d) the business entity maintains any professional liability insurance required under the contract; and (e) any damages are solely economic in nature and do not extend to persons or property not subject to the contract. The law takes effect on July 1, 2013 and does not state that it is retroactive…

This new law erodes Florida’s common law which has allowed professional negligence claims against an individual design professional based on the professional’s violation of her duty of care to those who may be foreseeably injured. Florida’s common-law imposes a duty of care on all individual professionals that exceeds the duty of care of the general public. Professionals, such as doctors, lawyers, accountants, and design professionals, have always been held to a higher standard of care and associated individual liability for professional negligence. This new law will afford design professionals protections that other professionals do not enjoy.”

For the full, detailed announcement, visit the Smith, Currie & Hancock website.

Shout-Out Credit:

Meade Collinsworth
Collinsworth, Alter, Fowler & French, LLC of Miami Lakes , FL
Email: mcollinsworth@caffllc.com / Phone: 305-822-7800

Could Texting While Driving Lead to Professional Liability Claims?

By Lynda

texting_drivingTom Cochrane’s Life is a Highway has got you head-dancing in the fast-lane. Your hands are at a perfect ten-and-two. Your seat belt is secured. The signs say you’re two miles from the exit which will take you to your next appointment. It’s a good day.

Then your cell phone buzzes in the cup holder. The screen is obscured by the parking break. It buzzes again. Information is coming in and you’re missing it! Granted, it’s probably just a photo of your cat, Honey Booboo, wearing a Christmas sweater. But in case it’s your boss, you reach for the phone… even though it’s illegal to operate a cell phone in your vehicle in most states.

“According to a National Highway Traffic Safety Administration study, distracted driving led to motor vehicle accidents that killed almost 5,500 people and injured close to 450,000 more during 2009. The 2010 study attributed about one-fifth of the accidents directly to cell phone use.” But did you know that, if the call/texts coming into your phone at this moment turn out to be work-related, any subsequent accident could leave you and your firm vulnerable to a Professional Liability claim? Continue reading “Could Texting While Driving Lead to Professional Liability Claims?”

New President Named at a/e ProNet’s Spring Meeting

By Lynda

Last weekend, a/e ProNet held its annual meeting in San Diego, California. Members from across the country came together to discuss industry trends and best practices.

jefftoddThe meeting also marked the end of Leslie Pancoast‘s two-year term as President of a/e ProNet. She is succeeded by Jeff Todd, President of IMCI.

Jeff grew up in Annapolis, Maryland and after he graduated from High School moved to Charlotte, NC.  He attended Wingate College in Wingate, NC where he graduated with a Bachelor of Science degree in 1994.  Jeff joined IMCI in January of 1994 and specializes in professional liability insurance for Architects and Engineers.  He is a licensed property & liability insurance agent and is currently working on his Certified Risk Management and Registered Professional Liability Underwriter designations.  Jeff is a member of the Board of Directors for a/e ProNet, and formerly of the Board of Visitors for Wingate University and Phoenix Montessori Academy.  He and his wife Cindy reside in Cleveland, NC and have four children, Blake, Mackenzie, Parker and Kendall.

Group picture time! (Don’t forget that you can find an a/e ProNet broker anytime on our website.)

pronet_springmeeting_2013

First Row: Valarie Nunez of Marquis Agency; Mayensi Chavez of Assurance, Ltd.; Cindy King of Professional Underwriters, Inc.; Diane Hoskins of Wortham Insurance & Risk Management; Melissa Roberts of Euclid Insurance Agencies; Debbie Christen of Marquis Agency
Second Row: Rich Standing of Prosurance/Redeker Group; Mike Welbel of M G Welbel & Associates; Terry Lee of PDI; Karen McCabe of IMCI; Lynn Campbell of Assurance, Ltd.; Wendy Arnold of Johnson Insurance; Tom Warner of Walker & Associates; Marsha Bastian of Heffernan Professional Practice Insurance Brokers; Alicia Igram of IOA Insurance Services
Third Row: Leslie Pancoast of IOA Insurance Services; Dave Johnston of a/e ProNet; Jeff Steen of IOA Insurance Services; Jeff Todd of IMCI; Meade Collinsworth of Collinsworth, Alter, Fowler & French, LLC; Mark Jackson of Lykes Insurance; Rob Supple of IOA Insurance Services; John Tenuto of IOA Insurance Services; Kyle Damalouji of Klein Agency; Earleen Thomas of Cornerstone Specialty Insurance Services
Fourth Row: Eric Alderson of ProMark Associated Agencies; Steve Wilder of M G Welbel & Associates; Karen Erger of Lockton Companies; Eric Moore of Moore Insurance Services; Bob Coleman of Professional Underwriters, Inc.; Brett Coleman of Professional Underwriters, Inc.; Greg Kumm, Jr. of Prosurance/Redeker Group; John Feeney of  Heffernan Professional Practice Brokers; Will Leaf of Cobb Strecker Dunphy & Zimmerman; Jeff Gerrick of Professional Underwriters, Inc.; Tom Coghlan of Design Insurance Agency

2012 Professional Liability Insurance Survey of Carriers

By Lynda

2012PLcarriersurveyDesign firms go through their Professional Liability insurance renewals annually. Did you know the insurance companies actually get reviewed annually, too?

Check out the 2012 Professional Liability Insurance Survey in the Jan/Feb 2013 issue of Engineering Inc. Magazine.

Then-President of a/e ProNet, Leslie Pancoast of IOA Insurance Services, offered the following insights:

  • One incentive to switch carriers is better risk management services. Her firm might recommend a switch, for instance, if a designer moves into a specialized industry sector, such as condominium design, or if an opportunity exists to lock in a fixed premium for multiple years.
  • But be careful. Pancoast says that firms that switch PLI carriers too frequently can sometimes find it difficult to find a willing insurer, particularly if a firm begins to experience claims or is driven back to the market by higher billings.
  • Residential work continues to generate a lot of claims, and schools and other  public projects are beginning to experience claims increases.
  • Best practices for PLI coverage continue to include good communication and proper documentation.

Read the rest of the article to learn the status of the insurance industry.

a/e ProNet Clients Among Newly Minted AIA College of Fellows List

By Lynda

aiabirdpurplegoldThe American Institute of Architects recently announced that its 2013 Jury of Fellows elevated 122 AIA members to its prestigious College of Fellows, an honor awarded to members who have made significant contributions to the profession. Subsequently, we are proud to announce that several a/e ProNet members have clients on this illustrious list!

Kurt Schindler of ELS Architecture (Berkeley, CA)

Martin A. Diaz-Yabor of Martin A. D. Yabor & Associates, Inc. (Miami, FL)

Kenneth D. Levien of Levien & Company (New York, NY)

Terrence O’Neal of Terrence O’Neal Architect, LLC (New York, NY)

Claire Weisz of WXY architecture + urban design (New York, NY)

Glenn Keyes of Glenn Keyes Architects (Charleston, SC)

Turan Duda with Duda/Paine Architects (Durham, NC)

Clive Wilkinson of Clive Wilkinson Architects (Los Angeles, CA)

William J. Worthen of UrbanFabrick (San Francisco Bay Area, CA)

Congratulations, lady and gentleman, on this well-deserved honor.

The 2013 Fellows will be honored at an investiture ceremony at the 2013 National AIA Convention and Design Exposition in Denver.

Calling a Ceasefire in the Certificate of Insurance Wars

By Lynda

certwars_geThe following is an excerpt of the February 2013 a/e ProNet Guest Essay, Calling a Cease Fire in the Certificate of Insurance Wars. You may download the full PDF version of the newsletter on our website.

In war, events of importance are the result of trivial causes. – Julius Caesar

Battles about certificates of insurance can sour relationships and sow the seeds of discord with clients at the very beginning of a project. And they are becoming more and more common.

Here is a short history of a typical certificate war: The design firm is awarded a new project. Corks pop. The team assembles. Spirits and expectations are high. The first sign of trouble is a call or an email from the project owner’s certificate checker: Your certificate of insurance is not in compliance with the insurance requirements set forth in our contract. Please reissue. The design firm calls its broker, confident that this little paperwork glitch will be simple to fix.  But there is bad news. This is not a case of a misspelled name or a typo. The certificate checker is correct: The design firm’s insurance program does not, in fact, comply with the contract requirements.

This is never a good moment, but the design firm rallies and asks how much it will cost to purchase compliant coverage. But then comes an even worse moment, when the broker explains that the contract requirements are impossible to satisfy. The coverage the owner wants is no longer available, is not available from a stable and financially-sound carrier, or, all too often, never was available at all.  The design firm tries to make the owner see reason, but sometimes this drama ends with calls and emails to the design firm, its broker, or both, threatening to award the job to another firm if a compliant certificate is not produced today.

Even if the problem is eventually resolved, the bad impression created by this conflict can tarnish a design firm’s relationship with the owner before it ever gets a chance to shine.

How did we get here? How did a one-page summary of insurance coverage that, by its very terms, does not “amend, extend or alter” any insurance policy become the source of so much trouble? And what can design professionals do to avoid certificate rejections and the problems they cause? Continue reading “Calling a Ceasefire in the Certificate of Insurance Wars”

Architects Step Into Contractors Liability, Size XXL

By Lynda

pronetworknews_nov2012If you have ever gone car or shoe shopping with and for someone else (teenagers and significant others, in particular), you know the difficulty and frustration that usually follows efforts to fit and style those with strong opinions and feelings on the subject. Such shopping is more an effort in very personal comfort, feel and perception than utility. The same can be true for design professionals’ scope of services. The most recent economy has left design professionals to suffer earliest, longest and hardest, particularly those that rely on residential development. To keep busy, some A/Es are marketing a broader scope of services, including services historically reserved for construction contractors. The comfort, feel and perception of such expanded scopes of services are highly personal but come with distinct and practical liabilities and risks. Like finding the right shoe size or vehicle type, A/Es can manage expanded risks with properly fitting contracts, insurance and professional structure.

SUV v. Sedan and Dress Shoe v. Cleats

In annual magazine reviews, sedans are compared to sedans and SUVs are compared to SUVs. The same is true of legal standards by which different roles are judged. A/Es provide a professional service and are compared to other A/Es by a standard of care – what others in the same profession are doing or would have done for a similar project. A/E contracts typically take care to adhere to recitations of the baseline standard of care and avoid or disclaim responsibility for means and methods, safety, warranties and the contractor’s timely or proper performance.

Contractors provide a finished product which is judged by a good and workmanlike standard: a warranty of quality, timeliness and, usually, safe performance of the work. Contractor agreements therefore give the contractor control over and responsibility for means and methods, safety, warranties, schedule and performance.

Crossovers and Hybrids

There is a line between trucks and cars, but there are luxury SUVs and crossovers to blur the line and offer compromises of varying degree.  The line between A/E services and contractor services has become equally fuzzy.  Try to explain in words the difference between the scope of services of a Construction Manager/Advisor, a Program Manager and an Owner’s Representative. For example:  The label is less important than the intended division of responsibility, control and money, and how that is expressed in a contract.  Continue reading “Architects Step Into Contractors Liability, Size XXL”