Architect Archives - Page 7 of 15

Blog Love: ArchDaily (2013 Holiday Gift Guide for Architects)

By Lynda

We read the ArchDaily blog all year round, but last week’s fun, holiday post is worth mentioning here. (If only because they saved us the trouble of coming up with 13 excellent gift ideas for architects! Thanks, guys!)

From design apps to wall clocks to art prints, these ideas are all unique, all vibrant, and all good. If you’re wondering what to get for your favorite architect this year, check out ArchDaily’s Architect’s Holiday Gift Guide 2013.

And when the wrapping paper has been discarded and the tree hauled out to the curb for the Boy Scouts to collect, when 2014 dawns, make sure you visit ArchDaily again. They’re a fantastic source of relevant, inspiring industry news.

An Unfair Duty to Defend

By Lynda

No engineering project is without risk. Somewhere between the goal of designing the best bridge, building or water treatment facility and running a profitable business lurks the ever-present possibility of litigation. A legitimate disagreement can occur, a company can make a mistake, or a firm or government entity—or a member of the public—can file a lawsuit that forces the firm to defend itself and its work. “A lot of risks exist and they’re not necessarily related to the quality of the work performed,” says John Moossazadeh, a senior vice president at Kleinfelder in San Diego.

Engineering firms often take jobs that knowingly expose the firm to legal risk. But how much risk is too much?

That’s a question that more and more engineering and design firms are asking when confronted with contracts that contain controversial “Duty to Defend” language.

A contractual Duty to Defend provides that the engineering firm will pay for attorney’s fees and costs incurred in a client’s defense of a claim. Depending on the con-tract language and the governing jurisdiction, this duty may be immediate from the time the claim is made, and may exist regardless of whether the engineer is found to be negligent. Although basic indemnification and defense clauses are common, and they typically assign risk to the negligent party, a growing number of developers and agencies request—and, in some cases, demand—that the consultant or firm in charge of the project defend any suit or other legal action brought against the developer or owner, and sometimes even irrespective of whether the claim is related to the engineer’s services.

Duty to Defend provisions are therefore criticized because a consultant or engineer who signs such an agreement could be legally required to bear the cost of defending against any project-related claim, even when the claim has nothing to do with the services performed by the firm, and there’s zero evidence of negligence. “It forces engineers to take responsibility for far more than the work they’re being paid to do and what their insurance covers,” explains P. Douglas Folk, principal at Folk & Associates in Phoenix. Continue reading “An Unfair Duty to Defend”

Architect & Engineer Insurance FAQ: Breach of Contract

By Lynda

Why should I strike “breach of contract” from the indemnity provision in my agreement?

For one thing, it is redundant as there is already a remedy under the law should you breach your contract. Please note the excerpt in the next question from our Practice Notes Vol. 4 NO. 2, Indemnification: How to Identify Unacceptable Risks and Get Them Out of Your Agreements.

What is the significance of the statement in an agreement: “breach of any term or condition of this Agreement”?

Negligence may be difficult to prove, but breach of contract is not. To establish a breach, all an owner need do is prove that 1) you owed a duty to perform under your agreement, 2)you breached that duty, and 3) damages were sustained as a result. This is your client’s fall back position in the event negligence turns out to be impossible to establish. It is also your invitation to the owner to sue you at your expense. There is great leverage in this, and it flows in a single direction-from you to your client. Your client sues you for breach of contract, and you pay the associated attorneys’ fees and costs. Arguably, this is inconsistent with public policy. Public policy generally demands mutuality as a matter of equity where there is an agreement by one party to pay the attorney’s fees of another regardless of the outcome of a dispute between the two. Attorney’s fees are the only issue here, for if you are found to have breached your contract, there is a remedy for that in the law. As far as you are concerned, it is neither necessary, nor is it appropriate for you to add your indemnity to that remedy. Absent negligence your indemnification for breach of contact may be uninsurable; absent mutuality, it is unfair. Delete this language if you can. If you encounter sustained resistance, you might invoke the public policy argument and propose, as an alternative, to substitute language elsewhere in your agreement calling for the non-prevailing party to any dispute to compensate the prevailing party for costs of defense. There is leverage in this for you, but there is also some risk. Seek the advice of counsel before you pursue this strategy.

Excerpted from the FAQ page on the a/e ProNet website, one of many risk management resources for Architects & Engineers. Have any questions? Contact your local a/e ProNet broker or contact us directly today.

Blog Love: TLCD Architecture

By Lynda

Architects and engineers already share their voices with the world through their designs and ideas, but we love it when this group gets proactive about amplifying their voices online, too. Today we want to highlight the blog of one a/e ProNet member’s client: TLCD Architecture in California.

TLCD Today is a fun, colorful blog that deals with issues relevant to the design industry in ways both focused and abstract. The blog’s multiple authors take time to interact with design colleagues at national conferences (Healthcare Design Conference Highlights), as well as with the firm’s local business community (Local Impact of the Affordable Care Act). It’s also inspiring to see architects use their specific skill set to give back to people in need (Habitat for Humanity Build Day). Well done, TLCD! Keep up the good work. We’ll be reading!

Does your architecture or engineering firm have a blog? Share it with us in the comments below. We’d love to follow you!

Shout-out Credit:

Leslie Pancoast, CIC, RPLU
Managing Partner
IOA Insurance Services – Pleasanton, CA
Email: Leslie.Pancoast@ioausa.com / Phone: 925-416-7862

Architecture Students: We Expanded Our Scholarship! (Deadline: November 29)

By Lynda

a/e ProNet is excited to announce the expansion of the a/e ProNet David W Lakamp/AIA Scholarship. For more than two decades, our organizations have partnered to award two scholarships each year to rising senior or graduate architectural students. At the annual a/e ProNet meeting in Chicago this September, our Board of Directors authorized the increase of the scholarship amount from $2,500 to $5,000 apiece. These changes will take effect with the 2013 scholarship. The deadline for this year’s scholarship application is November 29.

Visit our website for more details about this scholarship for architecture students. Applications and submission details can be found at the AIA website. Applications and supplementary materials can be submitted via email to pmkc@aia.org in PDF format.

In 2012, two recipients were awarded the a/e ProNet David W. Lakamp Scholarship. To read their case study topic responses, please click here.

Questions? Please send inquiries to: pmkc@aia.org

Insurance 102: Property Coverages for Architects & Engineers

By Lynda

This issue of ProNetwork News is meant to serve as a basic reference guide to the property insurance coverages typically purchased by design firms. Last month we posted a companion piece, Insurance 101: The Things You Always Wanted to Know About Liability Coverage But Were Afraid to Ask.

We continue our overview of insurance products of interest to design professionals with this review of property coverages that may apply to the needs of your particular practice. As always, we encourage you to ask your broker what insurance is right for you.

BUSINESS PROPERTY INSURANCE

Whether you lease or own your office, you need to insure office equipment, furniture, fixtures, computer equipment, phone systems, fax/copiers, valuable papers and fine arts for fire, theft and water damage. Insuring these valuables for “replacement cost” on an “all-risk form” means that your business is most likely to be reimbursed properly for a covered loss. If you lease furniture and equipment, the lessor will require this coverage and will be designated as a “loss payee.” Landlords of rented property usually require their tenants to maintain property coverage for the rented space to cover improvements and betterments provided to the leaseholder.

Since most design firms are heavily dependent on computer systems, it is important to properly inventory equipment and software.. For example, the cost to reproduce plans and specifications kept on computer files is significant when considering the insured value of valuable papers and records. However, no limit of insurance is a substitute for reliable backup procedures.

Stand-alone IT coverage packages, including security breach, are evolving almost daily. They can cover both first party losses (yours) and third-party losses (those for which you may be liable to others). Ask your broker what products may best apply to your needs.

VALUABLE PAPERS INSURANCE

A/E firms have in their possession valuable papers and documents whose destruction would prove very costly. Maps, plans, specifications and books are some examples. All-risk protection is generally available excluding wear and tear, gradual deterioration and vermin. Certain valuable papers may be insured specifically, or “scheduled.” More commonly, a blanket limit is established to cover all valuable papers. Articles insured on a blanket basis are covered for their replacement cost. Scheduled items are covered on a valued basis even though it is not possible to replace them with like kind and quality. Continue reading “Insurance 102: Property Coverages for Architects & Engineers”

Why should Architects & Engineers use a specialist Insurance Broker?

By Lynda

At our fall meeting last month, a panelist asked an important question:

Why is an insurance broker necessary for design professionals? Shouldn’t architects and engineers be able to access insurance companies and purchase Professional Liability policies directly?

Members of a/e ProNet are professional, independent brokers who serve the insurance needs of design professionals. Membership in our association is by invitation only, and members must be experienced and have a minimum number of design professional clients, as well as a minimum amount of premium volume. Our members must also provide their clients with services beyond the sale of a professional liability policy.

In addition to knowing the professional liability marketplace, they negotiate the best product at the best price for their clients. That negotiation happens every year at renewal time, and because our members are independent—not obligated to any one insurance company—they are in the best position to compare and contrast policies. Often, the time and expertise this process requires is underestimated by A/E clients. With a specialist broker, the A/E can rest assured that they have an advocate annually, both in relation to their bottom line and their exposure as a professional in a demanding and risky environment.

Most importantly, though, that advocacy doesn’t end when the renewal has been processed. The rest of the year, our members’ clients can count on their specialist brokers to provide services such as contract review, accredited continuing education, and other risk management services. Continue reading “Why should Architects & Engineers use a specialist Insurance Broker?”

Koning Eizenberg Wins at World Architecture Festival

By Lynda

We’d like to congratulate Santa Monica architecture firm Koning Eizenberg on their recent win at the 2013 World Architecture Festival! They received the prestigious Housing Award for their 28th Street Apartments project in Los Angeles, California.

The World Architecture Festival, held in Singapore earlier this month, gathered over 1,750 architects from around the world to exchange ideas and inspiration for design. This year, only 15 of the 260 shortlisted projects were from the USA, and Koning Eizenberg was the only American firm to receive an award.

Referring to the 28th Street Apartments, the judges noted: “This project demonstrates architecture as an agent for social transformation. The architect was able to knit together historical continuity and something very new, something of high architectural value.”

Koning Eizenberg’s website describes the project this way: “The restoration and expansion of a landmark YMCA built in 1926 restores principal spaces, reconfigures original housing, and innovatively adds replacement units. The design re-establishes this building’s role as an important community focus and brings living quarters in compliance with contemporary standards.” Read more on their website.

It’s so exciting to see our members’ clients set themselves apart on the world stage this way. Well done, Koning Eizenberg!

Shout-Out Credit:

Alicia K. Igram, AAI, VP & Branch Rep
Design & Consulting Liability Specialist
IOA Insurance Services – Aliso Viejo, CA
Email: Alicia.Igram@ioausa.com / Phone: 949-680-1789

Leddy Maytum Stacy Architects No. 1 in Sustainable Design

By Lynda

a/e ProNet client Leddy Maytum Stacy Architects of San Francisco has been named to Architect Magazine’s Architect 50 again, and this time they’ve received a top honor!

Earlier this year, we blogged one of LMSA’s award-winning sustainable projects, the Merritt Crossing Senior Apartments in Oakland, California.

Find out more about the Architect 50 at Architect Magazine’s website, including the Top 50 Business, Top 50 Design, and Top 50 Sustainability.

Congratulations, LMSA!

Shout-Out Credit:

Leslie Pancoast, CIC, RPLU
Managing Partner
IOA Insurance Services – Pleasanton, CA
Email: Leslie.Pancoast@ioausa.com / Phone: 925-416-7862