Talk to me about A&E

In Episode 42 of "Talk to Me About A&E," Contract Administration as a Risk Management Tool – Cornerstone #4, Dan Buelow continues his discussion with Mark Blankenship wrapping up this series with the 4th cornerstone of managing A&E risk with a discussion on construction contract administration.  Dan and Mark review the core responsibilities of the design professional when providing CA services and...

In Episode 41 of "Talk to Me About A&E," Dan Buelow, Managing Director for WTW A&E is joined by Mark Blankenship, Director of Risk Management for WTW A&E, for this discussion of the third cornerstone: communication and documentation. They discuss the importance of establishing and managing client expectations through effective communication practices, offering a range of examples and tips that can...

In Episode 40 of "Talk to Me About A&E," Dan Buelow, Managing Director for WTW A&E is joined by Mark Blankenship, Director of Risk Management for WTW A&E, for a discussion on allocating risk by contract, which is the second cornerstone of managing design professional risk. The episode delves into the importance of contractual risk management and how it can help design professionals mitigate potent...

In this Talk to Me About A&E podcast, Dan is joined by Mark Blankenship, Director of Risk Management for WTW A&E for this discussion on risk identification and evaluation.  This is the first in a four-part series on the four cornerstones of managing design professional risk and addresses important "go no-go" considerations and risk mitigation strategies every design firm should consider specific t...

In this Talk To Me About A&E podcast, we review the recently released ACEC Guidelines on the use of AI by Design Professional Firms.  Dan Buelow is joined by Mark Blankenship, Director of Risk Management for WTW A&E and co-chair of the sub committee on AI for the ACEC Risk Management Committee.  Dan and Mark discuss the inherent risks of AI when it comes to the design profession and important guid...

In Part II of this series on the standard of care, Dan continues his discussion with Colleen Palmer and Lou Gale by reviewing specific examples of where contract language can elevate the standard of care – and advice on how to negotiate this language out of a design professional's agreement to ensure a balanced – and insurable agreement.  We also discuss how the standard of care is evolving and wh...

In Episode 36 of "Talk to Me About A&E," Dan is joined by Colleen Palmer, Risk Manager for Beazley, and Lou Gale, GC for the architectural firm SCB, on the Standard of Care.  In Part I of this two-part series we begin the first question asked when a design professional is accused of negligence: What was the applicable standard of care - and was it met?   This discussion will include an overview of...

In episode #35 of Talk To Me About A&E Dan Buelow talks to attorney Jeff Coleman from the Minneapolis law firm Coleman & Ericksen, LLC  about the professional liability risks associated with residential projects.  Residential Projects are considered one of the riskiest project types for design professionals when it comes to professional liability claims.  Dan and Jeff review the specific reasons w...

In Episode 34 of "Talk to Me About A&E," Dan Buelow brings back Dale Munhall for a follow up discussion on their two part CA series, "Why we no longer stamp shop drawings".  In this episode Dale reviews his "Seven Deadly Words" and discusses the importance of avoiding specific words in contract documents that imply unauthorized changes by architects and engineers. The CA process is often vague and...

Whether you are buying, selling, merging, acquiring or closing your practice, there are some important considerations for the design professional when it comes addressing your Professional Liability risks and prior acts exposures. Dan Buelow is joined by Doug Hamilton, head of underwriting for Allied World's A&E division to discuss the pros and cons of the specific insurance coverage options every...

In Part II of this podcast series on What's Your Liability IQ? Dan Buelow continues his discussion with two former DPIC claim managers, Laura Gualiardo, Managing Director of Design Professional Liability Claims for Travelers, and Mark Blankenship, Director of Risk Management for WTW A&E.  Dan, Laura and Mark review a number of questions from the DPIC Liability IQ and discuss current trends on a wi...

For this podcast, Dan Buelow has a lively discussion on the DPIC liability IQ with some former DPIC claim managers, Laura Gualiardo, Managing Director of Design Professional Liability Claims for Travelers and Mark Blankenship, Director of Risk Management for WTW A&E. The DPIC liability IQ test was based on DPIC's Lessons in professional liability written over 25 years ago. Dan's discussion with La...

In this lively podcast discussion, Dan Buelow addresses four specific emerging contract issues design professionals face: withholding of fees, retaining ownership of documents, informed consent and getting named as an additional insured on the general contractor's general liability policy. Dan is joined by Lou Gale, General Counsel for the Chicago based architecture firm, SCB and Mark Blankenship,...

Dan Buelow continues his discussion on professional liability (PL) claims with Anthony Carolei, Director of Risk Management for Professional Liability for Hanover's A&E program. PL claims are taking longer to settle and costing more to resolve. Understanding the process, including working with defense counsel, alternative dispute resolution and important coverage features and obligations in a desi...

Dan Buelow talks to Anthony Carolei about what a design firm can expect and should be prepared for when faced with a professional liability (PL) claim against their firm. Anthony, Director of Risk Management for Professional Liability for Hanover's A&E program, has considerable experience in handling complex PL claims and offers some excellent insight and advice on this process.

Dan Buelow continues his discussion with Ryan Brennan, Specific Project Professional Indemnity Lead for HDI Global Insurance Company in part II of this two-part series of insuring single projects.  In this segment Dan and Ryan review the underwriting process that goes into assessing and pricing a PSPL on large complex projects and discuss the history of this coverage, the constriction of the curre...

Dan Buelow gets into the weeds with a two-part series on insuring single projects with Ryan Brennan, Specific Project Professional Indemnity Lead for HDI Global Specialty SE. In part I, the discussion includes an overview of specific job excess (SJX) versus project specific insurance (PSPL). Dan and Ryan review the features and benefits of a PSPL from both the design professional's and owner's per...

Dan Buelow talks to Clark Davis, Partner and Principal Consultant with Cameron MacAllister, respected advisors to architecture and engineering firms. Clark and his group were recently commissioned by WTW A&E to conduct an industry wide survey of design firms across the United States about the impacts of remote/hybrid work on design and technical quality in design practice. Dan and Clark review the...

Dan Buelow continues his discussion with Dale Muhall, Director of Construction Phase Services for LEO A DALY. Part I of this two-part podcast series on shop drawings reviewed Dale's AIA Best Practices article "Why We No Longer 'Stamp' Shop Drawings," and the misconceptions, risks and errors surrounding basic construction administration procedures. In part II, Dan reviews a series of questions rais...

Seemingly mundane documents such as shop drawings and requests for information have been around for as long as designers have been designing and builders have been building. But costly misconceptions, risks and errors surrounding these basic construction administration procedures still abound. Dan Buelow talks to Dale Munhall, AIA, National Director of Construction Phase Services at LEO A DALY to...

WTW A&E has seen a recent rise in claims from design professional firms related to fraudulent fund transfers and rogue employees. Dan Buelow talks to two experts concerning this disturbing trend to get some advice on what firms need to do to mitigate this significant and pervasive risk. What is the standard of care of a design firm and what can firms do to mitigate this risk? Tara Albin, Midwest R...

Dan Buelow talks to Colleen Palmer, Risk Manager for Beazley DP, on the topic of negotiating limitation of liability (LOL) clauses in design professional agreements. Some firms have had considerable success in getting LOL clauses in their agreements. Dan and Colleen discuss the benefits of this clause and the arguments and rationale as to why LOL clauses are both important and reasonable to have i...

Dan talks to Sue Yoakum, from Yoakum Law LLC, about the importance of establishing design contingencies. A design contingency helps establish expectations that architects and engineers' drawings and specifications will not be perfect. Whenever there is a claim against a design professional on a project, there is often the question if there has been a breach of the design professional's standard of...

Dan talks to Charlie Woodman, Senior Director of Risk Finance & Analytics for WTW Construction, about Captives as an alternative risk transfer solution for design professionals.

Dan talks to Mark Blankenship, Director of Risk Management for WTW A&E, about the results of a recent WTW A&E industry survey of Senior Claim Managers from 12 leading A&E professional liability insurance carriers on emerging risk and claim trends in the design profession. Dan and Mark discuss the causes for the rise in severity claims against design firms, the inherent risks associated with specif...