By Mark Jackson, JCJ Insurance Agency Design professionals are expected to perform their services consistent with the standard of care for their profession. What is the standard of care? When a negligence claim is made against a design professional, this is a typical...
By Andrew Mendelson, FAIA Senior Vice President, Chief Risk Management Officer, Berkley Design Professional Scope creep is the bane of profitability for design firms if not properly managed from the outset of contract negotiations. Once the actual project begins, it’s...
By Terrence M. McShane, Esq. Among the critical clauses in design professional contracts are the Dispute Resolution Clauses. For over twenty years, we have advised our clients to opt for Litigation rather than Arbitration as a means of ultimate dispute resolution in...
By Lee J. Sacket, Esq. The construction industry has traditionally been slow on change. Despite meteoric advances in technology, many construction project files are still paper based and disorganized, leading to inefficiencies, redundancies and sometimes, mistakes in...
By Mark Jackson, JCJ Insurance What are the design firm’s responsibilities when the construction bids exceed the owner’s budget? What about when construction costs are over budget due to change orders? The answer is… “it depends”. It depends on what your contract...
By David A. Ericksen, Severson & Werson Most people, and most professionals in particular, know what they should do. It is the stuff of aspirational New Year’s Resolutions and Twelve Step Plans. Yet even those readily acknowledged “right principles” often fall to...
