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...
By Mark E. Jackson, JCJ Insurance Agency There are two important contract clauses that design professionals should include with every client contract. The first clause provides protection to individuals and the second limits the firm’s liability. Individual Protection...
On Wednesday, April 24, 2013, Governor Rick Scott signed into law SB 286, relating to Design Professionals and known as the Fairness in Liability legislation. Beginning July 1, 2013, design firms will now be allowed to negotiate contracts that protect their...
Tips and tricks for editing risk out of standard business agreements By Glen R. Mangold and Charles W. Kopplin When a design professional reviews a contract, the sight of certain words or phrases can make them uncomfortable. This uneasy sensation is caused by an...
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...
by David A. Ericksen, Severson & Werson, San Francisco, CA In•dem•ni•fy Verb. • Compensate (someone) for harm or loss. • Secure (someone) against legal responsibility for their actions. Imagine a case where an engineering firm was found to have had an expensive...