Topic: Professional liability

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…

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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…

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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,…

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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…

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Straightforward 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…

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