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Risk Management for Architects and Engineers Part 7: Professional Liability Insurance Exclusions

Design professionals should not agree to meet certain performance criteria or otherwise impose upon themselves an elevated standard of care, particularly in light of numerous professional liability insurance exclusions. But the exclusions don’t end… Read More
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Risk Management for Architects and Engineers Part 6: Professional Liability Insurance Exclusions

The past several posts have focused on risk management for design professionals. Today, I plan to illustrate another reason why you should beware of contractually undertaking a higher duty, namely professional liability insurance exclusions. Professi… Read More
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Risk Management for Architects and Engineers Part 5: Specifications

Specifications and risk management go hand-in-hand for design professionals. I briefly touched on this subject in my July 28, 2015 risk management presentation to the Alabama Section of the American Society of Civil Engineers in Orange Beach, AL. Unb… Read More
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Risk Management for Architects and Engineers Part 4: Indemnification Provisions

Virtually all professional services agreements contain an indemnification provision. On July 28, 2015, I had the pleasure of speaking to the Alabama Section of the American Society of Civil Engineers in Orange Beach, AL about indemnification as part… Read More
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Risk Management for Architects and Engineers Part 3: Architects and Engineers Can Make Warranties Too!

Ordinarily, under the common law standard of care, architects and engineers (“design professionals”) do not warrant that their work will be perfect or error-free (see September 7, 2015 post). However, design professionals can change that. On July… Read More
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Risk Management for Architects and Engineers Part 2: An Elevated Standard of Care

The last post discussed the common law standard of care for design professionals. That standard can be elevated by contract, statute, building codes, ordinances and other regulations. On July 28, 2015, I had the pleasure of speaking to the Alabama Se… Read More
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Risk Management for Engineers and Architects Part 1: The Standard of Care

When engineers and architects (“design professionals”) perform their respective professional services, their conduct is judged against the standard of care. The term “standard” is somewhat of a misnomer because the standard of care by which a… Read More
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Failure to Procure Insurance is a Breach of Contract

The failure to perform all of your contractual obligations is a breach of contract. Absent some excuse that discharges performance, the breaching party is liable for all damages resulting from the failure to perform its contractual obligations. When… Read More
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Are You Truly "Self-Employed" for Purposes of the OSH Act?

The truly “self-employed” – has no employees working for him or her and is not an employee – are not subject to the OSH Act (the “Act”). Many people refer to themselves as “self-employed”. However, your idea of self-employment may be… Read More
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What is an "Employer" Under the OSH Act?

In my July 2, 2015 post, I highlighted certain reporting requirements imposed by the OSH Act (the “Act”) upon “covered employers”. “Covered employers” are those subject to the Act. The Act defines “employer” as “a person engaged in… Read More
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