Important Protection for Licensed Individuals

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...

Limitation of Liability Victory for Design Professionals

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...

Words to Watch when Reviewing Contract Language

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...

Negotiating Indemnity Provisions

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...

Making the Grade: Testing Design Professional Indemnity Obligations

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...