When a project developer sued its engineer that was responsible for the site and grading plan, the engineer’s carrier refused to defend the suit because it asserted the engineer had not provided notice of the claim within the time permitted for reporting under the...
By James R. Case at Kerr, Russell and Weber, PLC The design work has been completed (just in time), the contractor has been selected, and everyone is anxious for work to commence. Optimism abounds that the project will be performed on time, within budget and in...
Virtually every design professional has signed a contract containing an indemnity clause. Indemnity clauses may include any, or all three, of the following obligations to the client: (I) indemnify; (II) hold harmless; and (III) duty to defend. “Indemnify” means to...
Professional Liability insurance companies have long highlighted the risks to design professionals regarding language in the indemnity provision requiring the design professional to defend the client and have stressed the importance of ensuring the provision is...
In today’s more complex project world, it is common to have teams of companies working together on a design project. Sometimes these teams take the form of a joint venture with shared risk and responsibility among two or more design firms. The other – and...
