Resource Type: Article

Group Variable Annuity Contract: Misconceptions versus Reality

Group Variable Annuity Contract sounds like a complex term, but the reality is much simpler and certainly not something to avoid when a business is considering a 401(k) plan provider. There are a number of misconceptions attached to this term and annuities in general. One misconception is that merely because a plan is held in…

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Disabled Architect Illustrates Disability Risks

In December 2007, the sky seemingly fell on 39-year-old architect Robert Woo near ground zero while he sat in his trailer office working as associate architect on the Goldman Sachs office tower project. A crane cable snapped, dropping 7 tons of steel from a 25-floor elevation onto Woo’s trailer. Lucky to be alive at all,…

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Professional Service Firms Should Have Health and Safety Plans

Many professional service firms seem to think that health and safety rules are requirements for contractors and others performing construction work. Firms often are surprised or confused when a potential client requires that they submit their health and safety plans as a contractual requirement. All employers are responsible for the health and safety of their…

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Firm Policies Restricting Communications in Vehicles

The National Safety Council now estimates that cell phone use increases auto accident risk by a factor of four. Many, if not most, company policies on the use of cell phones for enacting company business while driving ban the use of hand-held devices but make an exception for hands-free cell phone usage. This often is…

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Employment Practices and Social Media

The proliferation of social media has transformed the way people communicate with each other. Platforms like Facebook, LinkedIn, Twitter and Google+ allow people to post whatever strikes their fancy, sharing information with their network and by extension the whole world instantaneously. Design firms are increasingly using social media platforms as part of their business practices:…

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Do You Need Flood Insurance?

You may think you need flood insurance only if you live near water. Think again. Floods can be caused by heavy rainfall, melting snow, clogged drainage systems and broken levees. All it takes is a few inches of water to cause major damage to your home and belongings.

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Joint Ventures Should Anticipate Professional Liability Claims

A joint venture is essentially a partnership, but only for a specific, and usually limited, purpose. Both partnership agreements and joint venture agreements usually allocate responsibility and compensation between or among the parties. Comprehensive joint venture agreements also address issues such as determining fault for performance that is deficient and establishing obligations for rectifying harm…

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Statutes of Repose Can Be Vital in Limiting Exposure

It seems that during each cycle of the state legislative sessions, efforts are made either to expand or reduce the business and professional liability exposures faced by construction-related professional service firms. In some instances, under the overall rubric of “tort reform,” efforts are made to redefine exposure and channel liability. Some efforts are highly beneficial…

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Can a Design Professional Be in Absolute Compliance with the Law?

There are two kinds of clients who insist in a contract that a design professional absolutely comply with laws, regulations, codes, ordinances, standards and a plethora of other business and design constraints. First there is the client who, perhaps with strained incredulity, asks “Do you mean to tell me that you do not intend to…

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Who Owns the Instruments of Service?

It is not uncommon for clients to request ownership of your plans and specifications.  Corporate clients often assume they will somehow be of future value. Educational clients think they can create a database of project information that will help them reduce future costs.  Agencies of government reason that the public, having paid for your services,…

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