Skellenger Bender attorneys provide comprehensive legal services to clients in the design, construction and environmental arenas. We understand the design and construction process from conceptualization and design to finance, implementation, construction, and claims preparation and defense. We represent design professionals working in every segment of the design and construction industry; public agencies and municipalities involved in multimillion dollar capital improvement projects; large and small contracting firms; and individuals. Visit their website.
Recorded Webinar: The Impact of Contract Language on Claims If you missed our one-hour online webinar presentation: The Impact of Contract Language on Claims you are in luck! The on-demand recording to this very insightful webinar is now available. In this highly informative session you will learn about the three risk management building blocks that should be included in each of your contracts to protect your firm’s interests as projects move along from beginning to end. Our speaker, Colleen Palmer, A&E Risk Manager at Beazley Group, will provide the following in this presentation:
- Identify important contract provisions that are frequently the subject of difficult negotiations
- Consider the dangers associated with poorly worded, client-proposed contract provisions
- Learn about the potential advantages associated with favorably-drafted provisions; and
- Discuss how contract language impacts the outcome of claims
RISK MANAGEMENT EVENTS
Alert: California Court of Appeal Holds Economic Loss Rule Bars Indemnity and Contribution Claims Against Professional Engineering Firm provided by Severson & Werson
The California Court of Appeal just handed down an important decision for the design and construction industry:
State Ready Mix, Inc. v. Moffatt & Nichol (http://www.courts.ca.gov/opinions/documents/B253421.PDF).
The Court ruled that concrete supplier State Ready Mix, Inc. (State) was unable to pursue any claim for equitable indemnity or contribution against the civil engineer, Moffatt & Nichol (Moffatt). State was sued by the general contractor, which had retained it to supply the concrete for a new travel lift pier at the Channel Islands Harbor, when a portion of the pier had to be demolished and rebuilt after it was discovered that the concrete supplied by State and used to construct the pier was defective. READ MORE
eBook: “A Guide to Managing Engineering and Architectural Design Services Contracts – What Every Project Manager Needs to Know” by John Lowe, Lowe Consulting, LLC – Download Article The book is a resource to design professionals as they manage their professional services contracts. Its more than fifty topics address the process from being selected, through the design process, and to preparation of record documents after construction. The book also contains twelve sample documents intended to improve effectiveness and efficiency during the design and construction process.
Article: Liability for ‘Delegated Design’ – Understanding and Avoiding Risks to Design Professionals – by William Thomas and Anthony Hafner, Pitzer Snodgrass, PC. Today’s construction projects are more complicated than in any other time in our history. While construction means and methods may have become more efficient, aided by technology and innovation, those same drivers have made building components and products more complex. Any project, from a new home to high rise office building, involves highly specialized components and systems which all require an incredible amount of technical knowledge and coordination. In this article Bill Thomas and Anthony Hafner provide extensive definitions, explanations of implications from standard industry form documents, analysis of the caselaw on this subject and more. Download Article
Article Understanding the Reservation of Rights Letter – by Ashley Hurd, Hall & Company You receive your mail and discover a letter from your professional liability insurance company. As you are about to file away the letter, you notice that the insurance company is advising you that there are allegations regarding a recently submitted claim that may potentially cause coverage problems. Your immediate concern is does this means you have no coverage for the claim. Download Article