Talk to me about A&E

Dan talks to David Ericksen from the law firm Collins + Collins on the risks and the business challenges design firms face with evolving technology. This podcast reviews the risks associated evolving digital technology, new products and sustainability. There is no profession that has been impacted more than the design profession when it comes to technology and the incorporation of new technology i...

In part II of our podcast on Communication and Documentation, Dan continues his discussion with Frank Musica, Risk Management Consultant for Victor. Dan picks up where he left off on reviewing how important words are when it comes to all the forms of documentation and phases of a project the risks associated with evolving technology. This discussion focuses on the significant risks associated with...

Dan talks to Frank Musica, Risk Management Consultant for Victor, in a two part series on Communication and Documentation. In part one of this series the focus is on the standard of care and the importance of documentation and effective communications in order to manage professional liability risk. Dan and Frank talk about why most claims against A&E firms are rooted in poor communications and doc...

Every firm must ultimately decide if a prospective project is a "go" or a "no-go" and if they should commit valuable time and resources. Dan talks to Andy Mendelson, FAIA, Chief Risk Management Officer for Berkley DP, about the critical "Go No-Go" considerations every design firm should include when assessing a new project opportunity including project team capabilities, financial impact, contract...

In part two of our discussion on Design-Build (DB), Dan and David Hatem, a Partner at Donovan Hatem LLP, discuss David's recent white paper release on addressing the inherent and unsustainable risks associated with DB infrastructure projects. Dan and David focus on the critical issues identified in the paper and recommendations made, including improving procurement, contractual practices and under...

Design Build (DB) has become a real concern among professional liability insurance underwriters as we've seen an adverse development in claim trends – especially on infrastructure projects. In this episode, Dan and Val Onderka, VP of Underwriting for Ironshore's Designers & Contractors Professional Liability, discuss some of the reasons behind these claim trends – including what an underwriter is...

Every design professional firm must be prepared to respond to a cyber-attack against their business. In this episode Dan and guests Alex Ricardo of Beazley and Carter Boardman from the Colorado based engineering firm Merrick discuss developing an Incident Response Plan and specific measures a firm's key stakeholders can, and should, take to mitigate costly interruptions to their business. 

In this episode, Dan and guest Bob Stanton, VP of Claims for Willis A&E continue the conversation from our previous episode, CYA with CA Part I, where Dan and Jeff Coleman focused on the role of the consultant on the job site and the standard of care when providing CA services. This episode will focus on the review of critical issues to consider when it comes to CA services and contract formation,...

Job site related claims, including delay and bodily injury claims against design professionals, is a significant risk for every design firm. Understanding the role of the design professional in Construction Administration (CA) is critical when it comes to effectively managing this risk. In this podcast Dan and guest Jeff Coleman discuss the pitfalls and opportunities design firms face when it come...

Architects and Engineers take on considerable risks which can vary significantly based on project types, disciplines, client types and delivery methods. In this episode, Dan sits down with Mark Blankenship, Senior Underwriter for Liberty International, to discuss the underwriting process and how insurance carriers assess, underwrite and price A&E professional liability risk. Dan and Mark lay out w...

Professional liability (PL) is by far the greatest exposure – and P&C insurance spend for any design firm. In this episode, Dan has a discussion with Bob Stanton, VP of Claims for Willis A&E, on some important coverage features of an A&E PL policy that every A&E firm should be aware of in order to get the most out of this coverage – and what they bought and paid for.

Every design firm is faced with managing scope creep and the challenges of project management to control resources to meet a certain objective by a specific date within a finite budget. Dan Buelow and guest Andy Mendelson from Berkley DP engage in an interactive discussion on how to manage the change process to maintain your client relationships and your firm's profitability through the use of som...

We are now in the "hacker era" for cyber liability and design firms are a favorite target. In this episode Dan and guest Alex Ricardo, an expert in cyber liability from Beazley's Cyber & Executive Risk Focus Group discuss this evolving risk and what A&E firms must be prepared for to mitigate their risk against a cyber attack.

In our final podcast on negotiating contracts, we take a deep dive in discussing the dreaded indemnity clause and review what every design firm needs to watch out for – and negotiate - in order to avoid taking on unreasonable and uninsurable risks.

In this third episode of our four part series on negotiating contracts, we discuss seven specific "Deal Breakers" which are Client-drafted clauses that are so burdensome and onerous the design firm must insist it be deleted from any agreement, or substantially modified, to avoid assuming significant and possibly uninsurable risk.

In this second podcast of our four part series on negotiating contracts, we discuss seven specific "Deal Makers" which are certain contract clauses that are so important to the protection of your firm that you want them included in each agreement you sign. If your client won't agree to these vital provisions, you may want to seriously consider whether to accept or decline the project.

In this first episode of our four-part series on negotiating contracts, we discuss the critical basics of negotiating professional agreements and tips on using contract formation as an important vehicle to establishing client expectations and mitigating a design firm's risk against costly claims and client disputes.