Emergency management is the process of preparing for, responding to, and recovering from an emergency situation and the subsequent business disruption. The current viral pandemic should remind professional service firms to update their plans to address possible interruptions related to mass illnesses. All firms should reassess their abilities to meet contractual obligations and business continuity…
Read MoreTopic: Professional liability
The Threat is Real: Cyberattacks Against Architectural Firms
Many architectural firms are tempted into believing they’re safe from cyberattacks because they don’t consider their data to be “sensitive” enough to attract criminals. A new article published by the AIA Trust is filled with real case studies and highlights how very attractive architectural firms are to cybercriminals, the most successful attack vectors currently in…
Read MoreIndemnification Clauses: All You Need to Know
Most architects prefer to design the built environment rather than learn about legal concepts such as indemnification. While you should always engage your attorney to review contract language, this legal concept can significantly increase your risks on a project, especially if poorly written. An indemnification clause is your promise to cover the losses of the…
Read MoreThe Threat is Real: Cyber Attacks Against Architectural Firms
Many architectural firms are tempted into believing they’re safe from cyberattacks because they don’t consider their data to be “sensitive” enough to attract criminals. Cybercriminals are sophisticated, deliberate and efficient in how they monetize their efforts. If you use the internet for any reason – even if just for basics such as email, submitting invoices…
Read MoreRelying on Manufacturer Representations
One of the issues faced increasingly by design firms is whether they have a right to rely on the information provided by manufacturers of products, materials, and systems. The standard of care states that if the reliance of the design firm on a manufacturer’s information or representations is reasonable at the time of the design…
Read MoreControlling Delays or Extras to Focus on Success
Contractors and clients frequently make claims against design professionals for damages resulting from construction delays. These delays may include claims for extra compensation allegedly arising from changes in the work caused by errors or omissions in the plans and specifications. The defense of these claims often involves an expensive team of analysts, consultants, experts, and…
Read MoreProfessional Liability Uncategorized
Green Design: What Can Go Wrong?
A new AIA Trust paper about the potential impact of the green design movement on the architect’s standard of care explores new risks and legal theories associated with green design and offers two case studies.
Read MoreAn Architect’s Guide to P3s
Federal, state, and local governments in the United States see Public-Private Partnerships (P3s) as a means to implement critical infrastructure improvements, such as improved public roads, highways, and bridges, and construct municipal improvements, such as courthouses, airports, and higher education residential facilities, when they have no immediate way to fund them. While benefits abound for…
Read MoreThe Smokey Haze Around Marijuana Facilities Design
In April 2018, the AIA Trust published The AIA Trust Guide to Marijuana Facilities Design which examines some of the necessary design considerations as well as the potential legal risks that a design professional may face in light of conflicting state and federal legal requirements. As these requirements continue to evolve, so do issues that…
Read MoreAn Architect’s Guide to P3s
By Robin G. Banks, Esq. Licensed to practice law in Maryland and DC, Robin G. Banks focuses her practice on construction law, representing design professionals and other industry participants in contract drafting and negotiation and design and construction related disputes. She serves as Associate Outside Counsel to the AIA Contract Documents Committee and is an…
Read MoreAn Architect’s Guide to P3s
