Risk Management Articles
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...
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 negligence-based. The indemnity obligation should be limited “to the extent damages are caused by the design professional’s negligence.”
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...