Benefit from Selecting the Right Professional Liability Broker
Benefit from Selecting the Right Professional Liability Broker
June 22, 2017

For design professionals, finding the right insurance broker can present a challenge. You need someone with ample experience handling the professional liability needs of architects and engineers, and who offers a wealth of value-added services. Only if your broker has a comprehensive understanding of what you and your firm are all about can he or […]

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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 […]

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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 […]

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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, […]

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Prevailing Party Perils: Attorney’s Fees’ Clauses in Professional Service Contracts
Prevailing Party Perils: Attorney’s Fees’ Clauses in Professional Service Contracts
August 17, 2015

In the world of claims-related contract clauses for design professional agreements, the indemnity and defense clauses get all the attention.  However, lurking in the shadow of the indemnity clause is a menacing cousin with potentially even greater and more frequent impact and risk:  the prevailing party attorneys’ fee clause.  Both clauses share the common risk […]

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To Report or Not To Report? A Potential Claims Question...
To Report or Not To Report? A Potential Claims Question...
March 04, 2015

Before a design professional decides whether or not to report a professional liability claim, or circumstance out of which a claim might arise, he or she must understand the definition of a claim, circumstance and what is required of them under their policy. The pros and cons of reporting or not reporting a claim are […]

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Blog Love: ArchNewsNow - Nuts & Bolts
Blog Love: ArchNewsNow - Nuts & Bolts
February 12, 2015

Nuts+Bolts is a “an exclusive ArchNewsNow monthly series to provide A/E professionals with practical tips for a more successful, profitable practice.” All ten articles currently listed are worth a read, and we hope the series is slated to continue. The authors are architects, consultants, insurance professionals, and financial advisers, all of whom offer a timely […]

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Construction Phase Services: Considerations for a Successful Outcome
Construction Phase Services: Considerations for a Successful Outcome
January 19, 2015

The construction phase is a dynamic time of a project and a design professional’s involvement is significant from a risk management perspective since it allows the design professional the opportunity to provide input during the construction of the project.  Since no designs are perfect (and, moreover, are not expected to be perfect to still meet […]

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Waiver of Subrogation: A Valid Defense for Architects and Engineers?
Waiver of Subrogation: A Valid Defense for Architects and Engineers?
July 08, 2014

An attorney is asked to defend an architect in a claim for defective design of a geothermal HVAC system, which allegedly caused an explosion and several million dollars of property damage to an owner’s manufacturing facility. He reviews the file, making notes. The plaintiff is the owner’s casualty insurer, which has paid the claim and […]

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