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,…
Read MoreTopic: Professional liability
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,…
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What You Need to Know—About the Changing Standard of Care
The AIA Trust white paper about the evolving standard of care is a topic of vital interest to AIA Members. The standard of care is the prevailing benchmark of professional practice in architecture and design and the threshold of protection under professional liability insurance. The design professional’s standard of care is generally based on the…
Read MoreProject-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…
Read MoreLender 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…
Read MoreProtecting 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,…
Read MoreTo 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…
Read MoreBuilding Information Modeling and the Transition to Integrated Project Delivery
In its most basic form, building information modeling (BIM) is the move from analog to digital design and construction. It is a model-based technology linked with a database of project information. It is poised to fundamentally change the way projects are built and the way the project stakeholders communicate with each other. And while BIM…
Read MoreStraightforward Advice on Preserving Cash Flow
Professional service firms need to set appropriate fees for their services and collect those fees to stay profitable. Regular billing and follow-up will open communication about a client’s concerns that could otherwise lead to a fee dispute. Implementing billing controls can minimize the risks that come with trying to collect on an unpaid invoice. Enforcing…
Read MoreBusiness Coverage Professional Liability
Is Your Firm Eligible for a Premium Credit?
Victor now offers a premium credit for your CNA professional liability insurance—an up-front reduction of 5% in the cost of insurance—for firms with good claims records that can show they meet certain risk mitigation criteria in their current practice management procedures. The credit is available to all but the largest firms insured in the Victor…
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