Thursday, December 6 2018
This seminar will survey over fifty legal cases decided in 2018 involving, and affecting, architects and engineers from across the country, focusing on identify “lessons learned” from those cases to identify effective risk management strategies and professional practices to avoid claims. Specifically, the program will review cases involving a number of issues, including the following:
- Review and understand contractual waivers of subrogation and how they are enforced.
- Review and understand limitation of liability provisions and how they are enforced.
- Review and understand insurance coverage issues, i.e., what is covered and not covered by different insurance policies available to design professionals.
At the completion of this course, participants will be able to:
- Explain construction administration risks faced by design professionals, and how to manage those risks by contract and in the field;
- Discuss the importance of contracts to managing risk, and guarding against claims asserted by parties not in privity with the design professional;
- Explore insurance coverages available to design professionals, and what types of claims are (or are not) covered under different types of policies; and
- Analyze different forums for dispute resolution, including mediation, arbitration, and litigation, and discussing/evaluating the pros and cons to each from a design professional’s perspective