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 […]

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Demanding General Contractors and How to Meet Them Halfway
Demanding General Contractors and How to Meet Them Halfway
August 24, 2016

Some of the most frequently asked questions we hear are triggered by the disparities between the insurance coverage available to design professionals and the demands made for coverage by general contractors and their standard contracts.   This is a nuanced area, and you should call your local a/e ProNet broker if you have specific questions. In the […]

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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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Drones: Should Architects & Engineers use them?
Drones: Should Architects & Engineers use them?
February 25, 2016

They offer a bird’s eye view of construction sites. They provide breathtaking photographic opportunities for architects looking to showcase their work. And they’re fun to fly. However, while they may be intriguing tools for architects and engineers, drones open up the design firms that use them to many possibly unanticipated risks. These days, obtaining a drone is […]

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Risk of Misclassifying Employees vs. Independent Contractors
Risk of Misclassifying Employees vs. Independent Contractors
September 11, 2015

The appropriate classification of employees is a frequent source of confusion for design firms, usually coming up around the renewal of a firm’s Workers’ Compensation policy. It is an issue ripe with risk on an Employment Practices level. Recent court rulings in Arizona and Utah have resulted in construction firms paying hundreds of thousands of […]

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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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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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Subcontract Termination: The right business decision?
Subcontract Termination: The right business decision?
November 07, 2014

Sometimes the grounds for termination are absolutely clear. And sometimes several legal options are available. But when preparing to terminate a subcontract, there’s one more question to ask: Is this the right business decision? We turn to Burns Logan’s Southeast Construction Law Blog for the answer. The following is an excerpt from a September 2014 […]

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