Overview
Today, design professionals are being asked to take on greater risk and liability than ever before. For the individual responsible for identifying and evaluating risk for design professionals on a project-by-project basis, complex issues concerning measure of damages, insurance and other potential sources of risk must be understood and examined on every project. This OnDemand Webinar will identify the areas of greatest risk, and address how insurance and contractual protections can be used to minimize the exposure of the design professional.
Learning Objectives
• You will be able to discuss the new 2007 provisions of the AIA agreements.
• You will be able to identify the areas of greatest risk.
• You will be able to illustrate how insurance and contractual protections can be used to minimize the exposure of the design professional.
• You will be able to review exceptions to the ELD.
Authors
G. Edgar “Eddie” James, Esq., Polsinelli Shughart PC
Ryan Manies, Polsinelli Shughart PC
Self Study Credit - OnDemand Webinar
| CC | 0.5 | | |
| CLE | 1.5 | AK, AL, AZ, CA, IL, MT, NC, ND, OR, PA, TN, VA, VT, WA, WI | |
| CLE | 1.6 | MS | |
| CLE | 1.8 | WV | |
Self Study Credit - CD & Reference Manual
| CC | 0.5 | | |
| CLE | 1.5 | AK, AZ, CA, GA, ME, MT, ND, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Design Professional Agreements Generally
- AIA Agreements (New 2007 Provisions)
- Allocation of Risks
- Delineation of Obligations
- Interpretation of Contracts (Parole Evidence Rule)
Standard of Care
- Different Examples Per State
- What If No Standard of Care Is Stated in the Contract? (Battle of Experts)
- Certificate of Merit Statutes
- Licensing Board Standards
- Raising the Standard of Care Via Contract
Sources of Liability
- Cost Estimating
- Design and Defective Plans
- Scheduling
- Construction Administration
Contract Damages
- Breach of Warranty
- Third-Party Beneficiaries
- Consequential Damages
- Betterment Doctrine
- Liquidated Damages
Tort Law and Professional Negligence
- Negligence Per Se
- Contributory Negligence
- Economic Loss Doctrine
- Exceptions to the ELD - Negligent Misrepresentation
Insurance
- Professional Liability Insurance
- Commercial General Liability Insurance
- Additional Insured
Contractual Protections
- Limitations of Liability
- Indemnification
- Ownership of Instruments of Service
