By Bob Rosain - Bob Rosain & Associates, LLC - Download Article

Presented by Bob Rosain, PE, PMP of Bob Rosain & Associates, LLC , this presentation will share what firms can do to minimize business risks through effective project management practices. Specifically this webinar will discuss:

1. The essential elements of a solid Project Management Plan and why, “…planning a project will not guarantee success, but failure to plan will guarantee failure.”

2. Why your project’s scope, schedule and budget are considered a “three-legged stool” and how to manage the big risks associated with project changes.

3. Why effective communications are absolutely essential to project success, why poor communications have been described as the biggest contributor to project problems and what every project manager needs to know about communicating with their clients.

4. Ensuring quality in every aspect of project delivery as a fundamental risk management strategy. The quality of the project and project deliverables will be remembered much longer than the project’s schedule, budget or project manager!

5. Why project risks need to be identified, understood and managed so they don’t become business risks for your firm.

By Terry Scanlan - Skellenger Bender Attorneys at Law - Download Article

This event, presented by Terence J. Scanlan of Skellenger Bender Attorneys at Law. Terry will discuss the following topics:

• Duties imposed by local and federal law on Design Professionals
• Case history examples of duties assumed by conduct during design, construction administration and observation
• Design Professional immunity from claims by injured workers
• Contracting issues regarding assumption of duty
• And more…
Click here to view recording

By Michael Corso - Henderson, Franklin, Starnes & Holt, PA - Download Article

Click on this link to view recording

By David Ericksen - Severson & Werson - Download Article

Presented by David Ericksen, President of Severson & Werson, this presentation will highlight the most challenging contract clauses and our approach to evaluating, negotiating, and managing those clauses for successful projects. Specifically, we will apply our time-tested negotiation and management model to some of the most challenging clauses such as indemnity, the standard of care, code compliance, document ownership, and others. Click here to view recording

By Dr. Conrad W. Felice, Ph.D, PE, D.GE - C. W. Felice LLC - Download Article

This event, presented by Dr. Conrad W. Felice, Ph.D., P.E., P.Eng., D. GE. of C. W. Felice LLC will discuss the following:
• Review of underground engineering and construction
• Understanding risk in underground projects
• Practices for managing risk and avoiding and mitigating claims
• Future and direction of the use of underground space
Click here to view recording

By Mark Schultz, Esquire - Henderson, Franklin, Starnes & Holt, PA - Download Article

This event, presented by Mark Schultz, Esquire of Henderson, Franklin, Starnes & Holt, P.A. will discuss the following topics:
• The legal expectations for design professionals if advertising services as LEED credentialed
• Negligence standards to protect design professionals and how to maintain those standards in contracts
• Why guaranteeing a LEED certification for a building should be avoided
• Obtaining a client’s informed consent when using new green products that may not have a proven performance record
Click here to view recording

By John Broghammer, Esquire - Greve, Clifford, Wengel & Paras, LLP - Download Article

This event, presented by John Broghammer, Esquire of Greve, Clifford, Wengel & Paras, LLP will discuss the following topics:
• Understand the importance of the overall A/E contract;
• Understand why contracts can impact your indemnity obligations;
• Understand how your contract can affect the standard of care and increase risk;
• Understand how your scope of work and mundane contract clauses can impact the A/E bottom line.
Click here to view recording

By David Eckberg - Skellenger Bender - Download Article

Presented by David Eckberg of Skellenger Bender Attorneys at Law, at the end of this presentation, you as an attendee should understand:
• How the law treats economic losses (such as construction delays and lost profits) that may be caused by a design professional's errors or omissions; Why contracts can impact your indemnity obligations
• What a limitations of liability clause is and how it can be an effective risk management tool;
• With the understandings in 1) and 2) above, you will then learn the importance of different insurance coverages; and
• How to properly draft and negotiate contract clauses to account for economic loss and enhance the enforceability of limitation of liability clauses.
Click here to view recording

By Mike Hall - Hall & Company - Download Article

Presented by our own President Mike Hall of Hall & Company, this presentation will highlight the most challenging insurance claims and our approach to evaluating, negotiating, and managing those claims for our clients. Specifically this webinar will provide:
1. An overview of some of the largets professional liability insurance claims we have seen the past 20+ years
2. A review on how these claims could have been avoided
3. A review on how these claims could have been better insured
And finally, a discussion on how these claims could have been better managed.
Click here to view recording

By Michael M. Edwards, Esq. - Byron & Edwards, APC - Download Article

This article outlines the effects on ADA litigation as the result of the Munson case in CA. Individuals may now sue for ADA violations in state court and are even encouraged to do so becasue of this ruling.

By Gary Vinson - Greve Clifford Wengel & Paras - Download Article

This article gives a general overview of the Certificate of Merit Law and how it is applied.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

The Collections-Claim Connection: Getting Paid without Getting Sued

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

By Justin Jagher, Esq. - Donovan Hatem, LLP - Download Article

Colorado Court Bars Limitation of Liability Provisions for Design Professionals.

By Lynn M. Squillace, Esq. - Donovan Hatem, LLP - Download Article

Illinois Court Expands Engineer's Duty of Care Beyond the Terms of the Applicable Contract.

By Mark Schultz, Esq. - Henderson, Franklin, Starnes & Holt, P.A. - Download Article

The author breaks down the areas of a contract into five categories:
1. Scope of Work
2. Change in scope of work/change orders
3. Negligence standard
4. Limitations liability
5. Consistency

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Lessons From The War Room: Key Contractual Concerns for Engineering Service Agreements.

By Robert H. Stellwagen, Esq. - Collins Collins Muir + Stewart LLP - Download Article

This article provides a description of a promissory note, it's effect, and the best practices for a design professional to get paid.

By Michele L. Gamble, Esq. & Francesca A. Koscielak, - Collins Collins Muir + Stewart LLP - Download Article

This article provides the advantages and disadvantages of Prevailing Party Clauses and provides some examples of contract language to protect the design professional.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Engineering the Service Agreement: Contractual Issues and Strategies for Engineers.

By Steven R. Goldstein - Shaub Ahmuty Citrin & Spratt - Download Article

This article provides 10 important tips on drafting a solid contract.

By David A. Erickson - Severson & Werson - Download Article

Just as perfection in design and construction is a rarity, so is the perfect design agreement. It is a human enterprise subject to competing positions, competing leverage, preconceived biases, and, ultimately, compromise.

By Andrea M. Alonso and Kevin G. Faley - Morris, Duffy, Alonso & Faley - Download Article

Is there a Duty to Avoid Litigation?

By Michael Edwards, Esq. - Byron & Edwards, APC - Download Article

This article discusses a new bill, signed into law in CA, that could cause a design professional to have to produce all electronically stored information if sued.

By - Skellenger Bender Attorneys at Law - Download Article

This indepth bibliography answers the question: Does Economic Loss Doctrine bar tort claims against Design Professionals? Answers are listed by state and case citations are provided

By - Skellenger Bender - Download Article

This index listed by jurisdication (state) answers the question: Are Limitation of Liability Clauses Enforceable? Case Citations and its corresponding statute are also provided.

By Daniel C. Poteet, Esq. - Donovan Hatem, LLP - Download Article

Colorado Court of Appeals Recognizes Economic Loss Rule as Defense to Contractor's Fraud Claims Against Engineer

By Marisa Skoglind, Esq. - Donovan Hatem - Download Article

Economic Loss Rule: A Viable Defense in Colorado for Design Professionals

By Kimberly Chew - Burnham Brown - Download Article

Tax Implications of the CSI. Go Solar this Year!

By Kimberly Chew - Burnham Brown - Download Article

Wage Recovery for Illegal Aliens in NY Under the Labor Law.

By Michael Edwards, Esq - Byron & Edwards, APC - Download Article

This article focuses on the trend of courts to rule in some cases that a design professional has a fiduciary duty to their client. Several case examples are given, concerns identified, and best practices are given.

By Robert M. Young, Jr., Esq - Wilson, Elser, Moskowitz, Edelman & Dicker LLP - Download Article

This article focuses on some of the risks associated with being an expert witness and provides 10 best practice tips to avoid the pitfalls and develop a successful practice.

By - Morris, Duffy, Alonso & Faley, LLP - Download Article

Court of Appeals Rejects Tort Claim for Third-Party Negligent Spoliation of Evidence.

By John R. Riley, Esq. - Montgomery Little & Soran, PC - Download Article

Read John's outline on how to prepare for tiral or deposition testimony.

By - Morris, Duffy, Alonso & Faley - Download Article

The Obligation to Defend Additional Insureds.

By - Morris, Duffy, Alonso & Faley - Download Article

Second department holds contract Assuming Obligation to Indemnify must be strictly construed when party is under no legal duty to do so.

By David E. Barker & Christie B. Swiss - Collins Collins Muir + Stewart LLP - Download Article

By Scott C. Finch, David H. Waters - Burnham Brown - Download Article

CA Enacts sweeping changes that limit a Subcontractor's Obligation To Defend and indemnify contractors and developers in connection with residential construction defect claims.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

California Design Professionals: Indemnity & Defense/The World After UDCvsCh2M Hill

By Gregory D. Brown, Scott C. Finch, Richard J. Finn - Burnham Brown - Download Article

This article focuses on the issue of contract language imposing a "duty to defend" on the design professional even if there is no determination of liability. 2 cases are referenced.

By Douglas Reinbold - Byron & Edwards, APC - Download Article

This article focuses on the dangers of broad indemnity language for design professionals. There is reference to 2 specific cases in CA that could have implications throughout the country.

By Scott C. Finch & David H. Waters - Burnham Brown - Download Article

This article focuses on the express indemnity provisions in contracts and how they will be enforced. Specifically, careful wording can prevent the obligation to defend.

By - Morris, Duffy, Alonso & Faley - Download Article

A General Contractor is entitled to Indemnity by a subcontractor when both the general and subcontractor are liable, and when only the subcontractor is at fault.

By Peter C. Lenart, Esq. - Donovan Hatem, LLP - Download Article

Indemnification - A Contractual Sword and Shield: Tips on how to enter into contracts which leave design professionals well armed and well protected.

By David E. Barker & Christie B. Swiss - Collins Collins Muir + Stewart LLP - Download Article

This article focuses on a case in CA (UDC v. CH2M Hill) that determined that a design professional had to provide a defense to the contractor absent the determination of negligence. Also included are examples of recommended indemnity language.

By Scott C. Finch & David H. Waters - Burnham Brown - Download Article

This article focuses on the UDC v. CH2M Hill case where the CA courts ruled that the design professional had to pay for the defense of the contractor even though they were found not negligent on the project.

By Peter C. Lenart, Esq - Donovan Hatem - Download Article

Significant change in Colorado law Impacts traditional coverage interpretation of commercial general liability insurance policies.

By Bill Wilson - Independent Insurance Agents & Brokers of America - Download Article

Some certificate holders are refusing to accept the September 2009 ACORD 25 form because it no longer includes a notice of cancellation, but rather refers them to the policy. This article explains why you should not or can not comply with this demand.

By Kevin G. Faley and Anna J. Ervolina - Morris, Duffy, Alonso & Faley LLP - Download Article

Insurance Policy Exclusions and Construction Projects

By Mike Hall - Hall & Company - Download Article

By Matthew Copus, CIC - Hall & Company - Download Article

By John Becker - Hall & Company - Download Article

In 2010 Hall & Company wrote 315 architectural firms that employed one person. These firms were located in 42 states and were placed with 10 different insurance companies. This article provides sample statistics on what these firms paid for their Professional Liability Insurance Coverage.

By - Hall & Company - Download Article

Getting comparative quotes is a simple matter of being diligent as a consumer.
Before you decide that you don’t have the time to consider a second opinion, take a moment to review the following
quotes we developed for an 8 person architecture firm

By Ashley Hurd, CIC, CRM - Hall & Company - Download Article

By Ashley Hurd, CIC, CRM - Hall & Company - Download Article

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

By David A. Ericksen, Esq - Severson & Werson, PC - Download Article

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Can You Condo? Strategic Analysis for Design Professionals Evaluating the Risks and Opportunities of Condominium Projects.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

E-Mail as a Project Communication Tool: Loose Fingers Sink Ships.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Getting Paid: Strategies to Secure Payment for Services Delivered.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Latent Defects: Hidden Dangers & Exposures in Design Professional Mergers & Acquisitions.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

A General Contractor is Entitled to Indemnity by a Subcontractor when both the General and Subcontractor are liable, and when only the Subcontractor is at fault.

By Gary Vinson - Greve, Cliffford, Wengel & Paras. LLP - Download Article

Patent and Latent Defects: How Long May a Designer be Exposed to a Lawsuit Because of Defective Design? This article focuses on the differences between a "patent" defect and a "latent" defect and the differences in exposure to the design professional with specific reference to the length of time with which an injured party can seek restitution.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

By Steven R. Goldstein - Shaub Ahmuty Citrin & Spratt - Download Article

By Ashley L. Hurd, CIC, CRM - Hall & Company - Download Article

This article provides insight on how Design Professionals can make the shop drawing review process work to their advantage as a way to avoid claims.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

Changing Combatants to Collaborators: building positive relationships between design professionals and construction managers.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article

The Mold Menace: It's here! Are you ready? Strategies for construction professionals to respond to and avoid mold exposures.

By David A. Ericksen, Esq - Severson & Werson, PC - Download Article

Outsourcing Design Services Offshore: Opportunity, Necessity, or Blind Gamble?

By Andrew Carlowicz and Richard Gaeckle - Hoagland, Longo, Moran Dunst & Doukas - Download Article

This article focuses on the contractors ability to sue a design professional for purely economic damages even if no contractual relationship exists but only to the degree of responsibility the DP has agreed to undertake.

By Kristina S. Raevska, Esq - Donovan Hatem, LLP - Download Article

The Economic Loss Doctrine Bars an Owner from Asserting Negligence Claims Against a Design Professional with Whom the Owner is Privity of Contract.

By Andrew Carlowicz and Richard Gaeckle - Hoagland, Longo, Moran Dunst & Doukas - Download Article

This article focuses on a NJ statute that serves to limit the exposure of engineers from lawsuits alleging bodily injury to a construction worker. However, the statute does not extend to architects. Why?

By Amanda Sirk, Esq. - Donovan Hatem, LLP - Download Article

Hawaii Appellate Court Confirms that a Construction Defect Claim Does Not Constitute an Occurance Under a Commercial General Liability Policy.

By Andrea K. Pressler - Erickson, Thorpe & Swainston, Ltd. - Download Article

NV: NRS Chapter 40 & Evolving Area of Construction Defect Litigation in Nevada.

By Bob Rosain, PE, PMP - Bob Rosain & Associates, LLC - Download Article

As far as an AEC business goes, risks can really be broken into two categories: General business risks and project risks. General business risks are things like the general ups and downs of the markets we serve, our competition, personnel safety and maybe business continuity during a disaster.

By - Hall & Company - Download Article

Let us show you what we can do for you and how much
easier it is to have your PLI and PC coverages with a firm
that specializes in insuring design firms.

By Brian C. Newberry, Esq. - Donovan Hatem, LLP - Download Article

New Rhode Island Legislation Proposes to Alter Retention Process for A/E Firms on Public Projects.

By The Counselors at Law, Donovan Hatem - Donovan Hatem LLP - Download Article

Inside this Issue
• Fair Value Opinion by John B. Cannarton, Jr., PC
• Auditor's Obligation to Third Parties, by Nathanial Paty and Cheryl Waterhouse

By John Broghammer, Esq. - Greve, Clifford, Wengel & Paras, LLP , Scott Cofer, Esq. - Greve, Clifford, Wengel & Paras, LLP , Gary Vinson, Esq. - Greve, Clifford, Wengel & Paras, LLP - Download Article

By Mark Schultz, Esq - Henderson, Franklin, Starnes & Holt, PA - Download Article

This article focuses on the increased popularity of Green Design and touches on some of the increases in risk that are inherent in any new product or method.

By David J. Hatem, PC - Donovan Hatem - Download Article

Green and Sustainability Design: Part 1: Professional Liability Risk and Insurability Issues for Design Professionals

By Sue E. Yoakum - Donovan Hatem, LLP , Donna M Hunt - Lexington Insurance Co. , Valerie P Onderaka - Risk Specialists Insurance Agency, Inc. - Download Article

Green and Sustainable Design: Part 2: Contractual and Risk Management Recommendations for Design Professionals to Manage Risk and Maximize the Availability of Professional Liability Insurance.

By David A. Ericksen, Esq. - Severson & Werson - Download Article

A sustainable Standard of Care? Managing Evolving & Innovative Products, Processes, & Performance Standards in Design Delivery.

By David A. Ericksen, Esq. - Severson & Werson, PC - Download Article