Indemnity Relief Coming to California Design Professionals
Indemnity Relief Coming to California Design Professionals
May 03, 2017

On April 27, 2017, Governor Jerry Brown signed Senate Bill 496 (“SB-496”) into law. SB-496 will significantly lessen the burden of indemnity provisions and the dreaded immediate duty to defend in both public and private contracts with design professionals. Efforts to obtain passage began several years ago and were spearheaded by the hard work of the […]

Read More
How to Avoid Invalidating Your Professional Liability Insurance
How to Avoid Invalidating Your Professional Liability Insurance
March 31, 2017

At a panel for the NC Bar Association Construction Law Winter Meeting, attorney Melissa Brumback and her colleagues discussed insurance issues for design professionals. One hot topic was the way architects and engineers can inadvertently invalidate their insurance by agreeing to overly broad contractual language. Frequently, this has to do with the standard of care. Melissa penned the following […]

Read More
a/e ProNet Holds Annual Spring Meeting in Arizona
a/e ProNet Holds Annual Spring Meeting in Arizona
March 04, 2017

For the last few sunny days, a/e ProNet members from across the country have gathered in Scottsdale, Arizona for our annual Spring Meeting (March 1-3). a/e ProNet brokers are independent. Technically, we operate as competitors. Membership is by invitation only. We come together voluntarily as recognized leaders in our industry, meeting the insurance needs of architects and engineers. Our […]

Read More
If You Build It, They Will Sue: Condominium Projects – Part I
If You Build It, They Will Sue: Condominium Projects – Part I
January 27, 2017

Do architects owe a “duty of care” to the homeowners of a condominium project with whom the architects have no contractual privity?  According to the California Supreme Court, they do.  What does this mean in practical terms?  The answer is that architects are now more than ever exposed to potential future claims and lawsuits brought […]

Read More
Design Professionals and the Give-and-Take of
Design Professionals and the Give-and-Take of "Standard Contracts"
October 04, 2016

The word standard implies many things. A bar to be cleared; a rubric to be followed. But for design professionals, the word becomes tricky when applied to contracts. Project owners often want to keep things simple by requiring so-called Standard Contracts for all parties. This is a problem for architects and engineers, especially from an […]

Read More
a/e ProNet's Fall Meeting to Commence in Chicago
a/e ProNet's Fall Meeting to Commence in Chicago
September 26, 2016

This week, a/e ProNet’s membership will gather in Chicago for the annual fall meeting (September 28-30, 2016). It’s an opportunity for the members to exchange insights about the climate of the design industry, broadening each broker’s individual knowledge base. Established in 1988, a/e ProNet represents a combined annual professional liability premium volume exceeding $300 million. For this […]

Read More
Certificates of Insurance:  Why You Can’t Always Have It Your Way
Certificates of Insurance: Why You Can’t Always Have It Your Way
August 05, 2016

Design professionals are often asked by their clients to sign contracts that include comprehensive—sometimes unreasonable—insurance requirements and indemnification terms.  These are usually drafted with the goal of protecting owners, clients, contractors, or other project participants.  But how does this work when the required coverages aren’t found in the commercial insurance marketplace? Certificates of insurance (COIs)—which […]

Read More
Inquiring Minds and the FMLA
Inquiring Minds and the FMLA
April 18, 2016

Complying with the many provisions of the Family and Medical Leave Act (FMLA) is a concern for even those well-versed in the Act. Recently, the Ninth Circuit Court of Appeals clarified when the FMLA applies, and spelled out an affirmative duty of the employer to inquire and confirm if an employee wants to take FMLA […]

Read More
The Down-Low on Broker-Verification Questionnaires
The Down-Low on Broker-Verification Questionnaires
March 02, 2016

In what attorney Brian Stewart calls a “disturbing trend,” more and more project owners design professionals to procure separate questionnaires from their insurance brokers. These “broker-verification questionnaires” are meant to re-state or re-affirm the limits, exclusions, etc. of the relevant insurance policies to the project.  If you’re an architect or engineer who has met push-back […]

Read More
Document Retention: More Paper or Paper-Less?
Document Retention: More Paper or Paper-Less?
February 08, 2016

Which is better, more or less documentation in your project file after the job is complete? Despite recent advances in technology, document retention has become a difficult, expensive and complex proposition. Computers have changed design professionals’ work flows and methods, greatly increasing efficiencies, but also exponentially multiplying the volume of data; e-mails, attachments, drawing revisions, […]

Read More