Resource Type: Article

Project Documentation: To Write or Not To Write

In suits alleging negligence in the performance of professional services, well-drafted documents and well-kept, comprehensive records are the strongest defensive weapons available to professionals. The following practices and procedures can be vital to a firm’s continued profitability in the face of costly litigation. Planning phase Put all agreements for the performance of services in writing,…

Insurance Concerns in Mergers and Acquisitions

As architects continue to face economic challenges in the architectural and broader economic community, merger and acquisition activity is again increasing in the design firm world. Unfortunately, concerned more about clients and culture, too many firms wait until the last minute to consult with their insurance advisor. This is a bad mistake that can cost…

Planning for Your Financial Security

Safe driving and accident prevention may help to ensure your safety, yet you can still be the victim of someone else’s mistake. Accidents kill someone every 4 minutes in America according to the 2010 Injury Facts report by the National Safety Council. In fact, accidents are the leading cause of death for adult Americans under…

Project-Based IPD Insurance Coverage

The shared-risk/shared-profit collaborative nature of Integrated Project Delivery results in many aspects of the relationship being defined contractually. But it is unclear how courts will construe the provisions of multi-party agreements with extensive waivers of rights, unusual limitations on risk, and blurring of responsibilities. The delivery system, with its emphasis on contractual liability rather than…

Lender Assignment and Certification Requirements

In today’s economic climate, more and more, architects are being asked to address client issues relative to financing, assignment and certification. Every architect should be knowledgeable on these issues and approaches. When a client insists on assigning contractual rights to a lender that requires consent and certification of project information, most of the resulting issues…

Protecting Your Firm When Going Green

In order to protect your firm, contractual provisions such as disclaimers and other exculpatory language need to be carefully worded. Firms should assess the risk of project-specific provisions and work with local legal counsel to craft them appropriately. This is especially true when the provisions include any waiver of claims, requirements for a legal defense,…

To Shred or Not to Shred

Every firm has documents that should be destroyed, not simply discarded. Documents must be destroyed because firms need to maintain confidentiality when dealing with employee, client or business records that contain personal or proprietary information. Furthermore, firms need to develop a formal document destruction policy that includes a schedule that is adhered to consistently. Every…

Planning for Your Family’s Financial Security

Safe driving and accident prevention may help to ensure your safety, yet you can still be the victim of someone else’s mistake. Accidents kill someone every four minutes in America according to the National Safety Council. In fact, accidents are the leading cause of death for adult Americans under the age of 44. They are…