When “standard” contracts create nonstandard risk
By Tristan Harper | Construction contracts are not professional services contracts, and confusing the two creates uninsured risk for AEC firms.
10 results found for “negligent”
By Tristan Harper | Construction contracts are not professional services contracts, and confusing the two creates uninsured risk for AEC firms.
By Lauren Martin | A simple “time is of the essence” clause can transform routine schedule delays into costly legal and insurance risks.
By Mark Zweig | Annual performance reviews fail AEC firms because real leadership requires continuous feedback, not once-a-year management theater.
By Scott Butcher | Most AEC strategic plans fail not from bad ideas, but from misalignment, weak accountability, ignored culture, and lack of execution discipline.
By Daryl Simons Jr. | Rethinking first impressions creates fairer decisions, stronger relationships, and lasting benefits for candidates and firms.
By Brad Wilson | This event is a catalyst for honest conversation, shared wisdom, and renewed focus on ownership, governance, and the future of the industry.
By Lauren Martin | Design firms need to be vigilant about clauses and language that have the potential to significantly expand their risk while undermining their insurance protection.
By Lauren Martin | AEC firms should carefully assess confidentiality clauses in contracts to avoid uninsured risks, especially amid growing cyber threats.
By Lauren Martin | Imprecise, incorrect contract language may leave AEC firms uninsured for professional liability exposures.
By Janki DePalma | Small, consistent habits and incremental improvements create sustainable long-term success and personal growth.
By Eric Tuthill & Jordan Wilson | It’s become increasingly apparent that Section 174 may be around longer than anyone believed possible.
By Lauren Martin | There has never been a downside to reporting circumstances to your professional liability insurance carrier, but there can be a huge downside for failing to report them.
By Lauren Rhodes Martin | Besides placing an undue and inappropriate burden on architects and engineers, warranties are expressly excluded in their professional liability insurance policies.
By Lauren Rhodes Martin | More owners (or their lawyers) have tried to insert these clauses into design contracts, and this should be a red flag for AEC firms.
By Rob Hughes | Having a clear understanding of some key insurance concepts can help your firm navigate heightened requirements and hard insurance market conditions more effectively.
By Mercedez Thompson | Leaders must engage in burnout prevention strategies that alleviate overburdened employees, reduce the number of meetings, encourage PTO, and promote flexible hours.
By Rob Hughes | This subtle but onerous language is becoming fairly widespread in design contracts and, if overlooked, could leave design firms with significant, potentially uninsured exposures.
Contract disclaimers reflect the reality that estimating is an art, not a science – and that design professionals cannot guarantee or warrant the actual costs of construction.
When you underestimate the proposal and fail to invest in its development, you risk losing money and wasting business development resources.
In the current economic environment, avoid costly payment disputes and counterclaims by choosing clients carefully and staying on top of your receivables and collections.
Careful review of certifications with your legal counsel and insurance advisor will enable you to better address the needs of your clients and lenders.
CEO of EDiS (Wilmington, DE), a fifth generation family-owned firm that has been thriving in the same region for more than a century.
Good contracts can help, but timely and thorough reviews of shop drawings are, perhaps, the best defense.
There’s a push for architects and engineers to consider the safety of construction and maintenance workers when designing new structures.
Unless you put yourself out there as perfect, courts will typically hold you to the standard of reasonable care if you make a mistake.
By Will Swearingen | The words ‘difficult’ and ‘uncomfortable’ are synonymous with ownership transition. If you try to execute one on your own, it might come out half-baked.
AEC firms have new options for addressing the ‘Duty to Defend’ obligation in indemnification provisions. As clients continue to look for ways to transfer greater amounts of project-related risk to design firms, it has become...
Under the Accepted-Work Doctrine, contractors and designers are relieved of liability to injured third parties after a completed project goes back to the owner. The Accepted-Work Doctrine – also known as the Acceptance Doctrine, the...
Zweig Group just released its 2018 Policies, Procedures & Benefits Survey of Architecture, Engineering, Planning and Environmental Consulting Firms. The report covers many of the questions that firm leaders are faced with when they look...
In states that adhere to the ELD, design professionals have a strong defense against third-party claims for economic damages. Know the law in your project state. Law books are full of various “doctrines” that have...
A/E firms with new projects should carefully examine their contracts, or risk expanding overall exposure and adding potentially significant uninsured liabilities. Before inking a deal on a new project, architects and engineers should conduct a...
Due to the absence of a comprehensive, federal Good Samaritan law, A/E professionals are hesitant to lend a helping hand after an emergency. We have all heard someone in a perilous condition say, “Don’t just...
If improperly worded, they not only can shift significant risks, but do so in ways that leave design professionals exposed to potentially large claims. A critical component of effective risk management for design firms involves...
AIA’s new push for materials transparency might help the planet, but it could also put design firms up against the wall should cases go to court. On April 8, 2016, the American Institute of Architects...
Mistakes happen, and to minimize them without demotivating your people, a measured response is critical. We had a situation this week – a headline had been added to my recent article on millennials in the...
Here's another snip-it from the 2nd Edition of Successful Project Management by Ernest Burden. Many project managers are more comfortable with the technical side of the business. The marketing hat that firms are now asking...
Press Release: February 22, 2011 FAYETTEVILLE, AR (February 22, 2011) — Architects, engineers, project owners and others wishing to work collaboratively under a delivery method known as Integrated Project Delivery (IPD) may have a found...