Risk Management Articles
House Bill 87 Passed!
The State of Florida passed House Bill 87 in June 2015 that amends Florida Statute 558 relating to Construction Defects. The original purpose of the Statute was to require a mandatory pre-suit process where, prior to litigation, the claimant (e.g. owner, condominium...
Florida Statute of Repose – When Does the Clock Begin?
By Bo Sutton, Florida Board Certified Construction Attorney with Thompson, Jaglal & Sutton, P.A. You are most likely familiar with the term “Statute of Limitations” and may even know it is four years long. There is more to it than that. In Florida we have a...
Prevailing Party Perils: Attorney’s Fees’ Clauses in Professional Service Contracts
by David A. Ericksen, Esq. In the world of claims-related contract clauses for design professional agreements, the indemnity and defense clauses get all the attention. However, lurking in the shadow of the indemnity clause is a menacing cousin with potentially even...
Cyber Liability Insurance: Is it Necessary?
By Erin Kelley, JCJ Insurance Agency With a new year full of promise and pipelines once again full, it feels like spring is in the air for design firms for the first time in many years. Changing your organizational focus from growth to damage control is probably not...
Beware of Increasing the Standard of Care
By Mark E. Jackson and Erin L. Johnson Design Professionals are expected to meet a standard of care when providing professional services. This standard of care, similar to that imposed on doctors, lawyers and other professionals, requires them to provide professional...
AIA Seminar – Managing Risk Through Contract Language
Photo of Mark Jackson presenting at an AIA Orlando Seminar on Dec. 4, 2014. This one hour course, entitled Managing Risk Through Contract Language, was part of AIA Orlando's Lunch and Learn Series which provides free CE to their members.
Construction Phase Services: Considerations for a Successful Outcome
by Colleen M. Palmer, Esq. 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...
When Does a Notice from Client Become a Claim that Must be Reported to Insurance Carrier?
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...
Practical Tips for Avoiding the Pitfalls Associated with Construction Administration and Site Observation
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...
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...