Your company’s loss prevention program begins with your employees. Making them aware of risks and exposures, and giving them the tools to reduce or eliminate them, goes a long way toward reducing your liability and insurance costs.

Poole Professional conducts concise and informative seminars to educate our clients and their employees. These seminars can be conducted right in your office, and provide valuable insight and practical advice for your staff.
 
Many of the our programs also qualify for AIA Learning Units, and Engineering PDH’s. We also frequently present to associations such as the AIA, NSPE, and ACEC.

Choose from our list of seminars below, or

(90 minutes) Participants will learn: definitions of ethics, fundamental canons of professional Code of Ethics, discuss case studies, and understand how companies apply ethics to sound business practices. Learning Units:1.5 PDH/LU’s AIA/ACECNY#889

Ten Ways to Manage Risk in a Recession

(45 minutes) Presentation discusses what is happening in the insurance markets, what has historically happened in recessionary times to the A/E industry, and also to share positive risk management strategies to manage and avoid pitfalls that are more likely to be threats in today's business environment.

Unraveling the Professional Liability Application

(60 minutes) Understand how to create an image of the firm through the application, learn what drives claims, and their relations to application, pricing effect and other considerations. (1)

The Condo Conundrum-Evaluating the Risks of Condominium Projects

(60 minutes)Understand the insurance industry’s responses to condominium projects, identify and understand the challenges occurring with these projects, acquire tools and techniques that assist design professionals and learn how to apply these in the firm. (1)

Contracts to Curtain Call–A Contract Review Seminar

(60 minutes) Become familiar with contract fundamentals, understand types of agreements, review and discuss some contract basics, and apply through claims scenarios (1)

Ten Tips for Contract Negotiation

(60 minutes)  Identify the important components for your contracts what should and should not be negotiable, and strategies for contract success. (1)

Ten Tips for Surviving Claims

(60 minutes) Helpful reminders on what your firm responses should be when claims arise. (1)

Risk Drivers 2010

(100 minutes)This popular workshop has been updated and expanded, with a new approach to risk in the first section and with fresh data in the non-technical and technical claims statistics. (2)

Learning Units: 2 AIA/CES Learning Units- national only.

(45 minutes) Discipline: All Design Professionals. This presentation describes the claim process and discusses what a must be reported and when. It also includes an interactive quiz on policy provisions such as the definition of professional services and mediation credit. (2)

 Choosing Your Words Carefully: Controlling Risk Through Communication

(45 minutes) Discipline: All Design Professionals. This presentation highlights that our language is imprecise and that there is a need for precision in our communications.  Firms need to be precise in the marketing materials, in their conversations with clients and in their contracts. About a third of the presentation focuses on specific contract clauses. (2)

 Contracts for the Future of your Firm: The agreements you sign today will make or break your firm tomorrow.

(45 minutes) Discipline: All Design Professionals. This presentation references the Risk Drivers study and focuses on the business practices as the root of may claims, as well as discusses key contact clauses that can either cause of help you avoid claims. (2)

 Liability Hot Topics for Engineers: Don’t get burned!

(45 minutes) Discipline: Engineers. This presentation begins with a review of relevant Risk Drivers material, and in particular discusses contractor delay claims, change orders, value engineering and electronic documents. (2)

Quality – Why are clients so hard to please?

(45 minutes) Discipline: All Design Professionals. This presentation addresses the disconnect between how design professionals define quality and how their clients define quality. The message is that design firms must view themselves as a service business rather than simply the supplier of plans and specifications. (2)

 Risk Russian Roulette: Don’t play dangerous games with your firm’s future.

(45 Minutes)Discipline: Architects. This presentation identifies a number of dangerous clauses for design professionals. After identifying the risks involved, solutions are offered to making bad clauses better. (2)

Know the warning signs of a potential claim

(45 minutes) Discipline: All Design Professionals. This presentation helps the design professional recognize that certain events are common precursors to claims.  It is chronologically starting from before being retained as the designer and going through substantial completion of the project. The presentation reinforces the fact that recognizing a potential problem is the first step in avoiding the problem. (2)

Case Studies

(Unless otherwise noted, these are 2- 3 hour workshops.)

The Shops at Galilean

Discipline: Architecture firm. Project Type: Retail complex. Description: An out-of-town developer engaged the lowest-bidding architecture firm to design a shopping complex and then required the firm execute a purchase order agreement. Construction bids came in over budget. To cut costs--and without consulting the architect or even the contractor--the developer went to a metal building manufacturer to get an alternative roof system. The contractor, the architect and the structural all disavowed responsibility for checking the roof manufacturer's shop drawings. The shopping complex was completed a little behind schedule, but the real problems started when the shops began to leak. Forced into arbitration by the purchase order fine print--over 1,000 miles away from the project--the architect and the structural engineer get dragged into a $2.25 million claim. Key Points: No formal project or client review; use of a purchase order form; no mediation clause--binding arbitration, instead; certifications; failure to document concerns, failure to adhere to normal shop drawing review procedures; uninsured sub consultant. (2)

Learning Units:2 AIA LUs/2 PDHs.

 Holy Smokes

Discipline: Architecture firm and its sub consultant structural engineering. Project Type: Church renovation and expansion. Description: Poor coordination between project manager and structural engineer results in a design that can't be constructed. The contractor works with another engineer to move the project forward. When the contractor removes the shoring from the free-span ceiling, the roof drops several inches and causes an outward deflection on the beams. Accusations fly and experts opine. Key Points: project team capability issues, failure to get subs involved early, to read the contract and to check insurance, documentation problems, billing and payment issues, communication breakdowns, and failure to respond properly to problems and to report to the insurance company.

Learning Units: HSW Qualified, 2 AIA LUs/2 PDHs.

Interstate Engineering

Discipline: Highway design engineering firm. Project Type: Design of an overpass and associated ramps that would link to a major state highway. Description: During design, the engineering firm hired a traffic safety engineer to develop a temporary traffic safety plan. This plan included diverting traffic away from the edge of the deceleration lane during construction. The "routine" project was handed over to a recently hired engineering school graduate. During construction, the cones marking the deceleration lane were not placed as specified in the traffic safety plan. However, the engineer did not notice this deficiency during construction observation. A motorist, surprised by the cones, was unable to change lanes, caught his tires in the uneven pavement, flipped his car and ended up a paraplegic. The driver sued everyone involved. Key Points: unqualified on-site staff, failure to check insurance, inadequate scope of services, failure to perform adequate site observation and complacency. (2)

Learning Units: HSW Qualified, 2 AIA LUs/2 PDHs. NY State approved 2 PDH

Rockridge Elementary School

Discipline: Architecture firm. Project Type: Elementary school design. Description: Under a tight schedule and even tighter budget, the architecture firm designed a 600-student elementary school. The school district insisted on the lowest-bidding contractor and cut construction observation services to save money. The district insisted on changes during construction and substitutions were approved on other items to cover the increased costs. The school opened on time, but six years later, cracks in the roof trusses were discovered along with construction defects and poorly performing substituted materials. In this highly publicized case, the initial demand against the architecture firm was $5 million. Key Points: Client Selection - financial constraints, inexperienced client, low-bid contractor; Negotiation and Contracts - failure to provide a full scope of services or to obtain a signed contract; Project Team Capabilities - unqualified staff and inadequate QA/QC processes; Other Issues: communication breakdowns, failure to require or check insurance, schedule control issues and failure to cooperate with insurance company. (2)

Learning Units: HSW Qualified, 2 AIA LUs/2 PDHs.

Bench Design

Discipline: Multi-discipline A/E. This three-hour seminar is about the structural collapse of steel framing during the construction of a courthouse, which resulted in a worker's death and serious injuries to four others. Key Points: Crisis management; quality control; contract and scope of services; the redesign trap; submittal review; preserving and documenting evidence; working with OSHA; site visits; and duty to the public.

HSW Qualified. 3 AIA LUs/3 PDHs. (2)

Bibb Engineering
Discipline: Structural Engineering. Structural design for carports on a large condominium project. Four years after completion, the HOA filed an E&O suit. Key Points: Risk allocation considerations; inadequate construction review; inadequate technical procedures; hazards of condominium projects. (2)

Brown/Watson
Discipline: Architect/Engineer. Renovation in a 110-year old building to convert the top floor into two large Apartment/condominiums. During the renovation, an arch collapsed, and a patron at the restaurant downstairs was injured when a moosehead fell during the collapse. Key Points: Lack of written agreements; incomplete documentation; inadequate communication; inadequate observation of the Work. Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

Capital Architects

Discipline: Architect. Remodel and expansion of a 25-year-old school. Over 700 change orders were issued during the project, which led to claims for $2.5 million. Key Points: Pre-claim and post-claims measures including: contracts; subconsultant selection and supervision; client expectations; documentation; limitation of liability; claim notification; replacement sub-consultants; damage control; and change orders. Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

Connection Engineers

Discipline: Structural Engineer. Structural inspection and repair/replacement of concrete pillars in a 17-year-old condominium projects underground garage. One year later, a condo resident was injured by falling concrete from one of the repaired columns. Key Points: Poor client selection and communication; involvement in contractor selection; unqualified contractor; lack of a written contract; inadequate observation of the Work; certifications. (2)

 Express Engineering

Discipline: Mechanical/Electrical. Review of the HVAC system in a one-year-old building. There was a miscommunication regarding the cost to repair, which resulted in a substantial claim. Key Points: Poor communication and documentation; weighing risk vs. fee ? can you afford to take the job?; benefits of a written agreement. (2)

 Green Architects

Discipline: Architect. Re-roofing project for five schools. The roofs developed serious leaks and a claim ensued for the $1.8 million repair cost. Key Points: Incautious wording in the proposal; inadequate preliminary research; incomplete or inadequate specifications; hiring a Clerk of the Works.

Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

 Greer and Paul

Discipline: Architect/Structural. Design of a single-story, 25,000 square-foot shopping center. Five years later, another SE reported that the building did not meet wind load codes. Key Points: Lack of written agreement with sub consultants; uninsured sub consultants; hazards of binding arbitration. Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

The Hain Company

Discipline: Structural. Structural inspection and report on the conversion of a 10-year-old, 1,200-unit apartment complex to condominiums. Despite disclaimers that not every unit was inspected, the developer sued when serious problems came to light. Key Points: Condominium projects; inspection services; lack of written contracts; inadequate scope of services; inadequate disclaimers. (2) 

Longhorn Engineering

Discipline: Civil Engineer. Property survey and design of a sanitary sewer system, water treatment plant, site drainage/retention system and grading/street plans for an out-of-state project. There were numerous survey errors that became apparent during construction followed by an $11 million claim. Key Points: Poor project selection; unqualified and uninsured sub-consultants; poor project management; poor technical procedures. (2)

Mesa Architects

Discipline: Architect. Design and construction of a public library. The final installation of newspaper and magazine racks was delayed by the city project manager. However, once their positions were finalized, the racks were never affixed to the walls. A claim arose when a rack toppled onto a library patron. Key Points: Certificate of final completion; uninsured subconsultant; incautious or vague wording on plans and/or specifications; lack of documentation; ignoring the safety factor. (2)

 Mid-Town Developers

Discipline: Environmental Engineer. Environmental assessment of a proposed shopping center site performed by a small A/E firm. The firm's report showed "no environmental issues of significance," but it was later discovered that remediation costs could top $7 million. Key Points: Inexperience/unqualified to perform Phase One or other environmental work; client selection and education; no written contract. Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

Nast Engineering

Discipline: Civil Engineer. Project to design a five-mile waterline. A year later, the waterline burst, causing portions of the street to collapse and partially flooding the surrounding area. The City sued for over $1 million. Key Points: Contract language: inspection, stop work authority, and contract administration; inadequate inspection; inadequate communication.

Learning Units: HSW Qualified. 2 AIA LUs/2 PDHs. (2)

Par Engineering
Discipline: Structural Engineer. Design of a sewage repump station. Eight years after project completion, the storage tank wall collapsed, spewing tons of raw sewage onto an adjacent golf course. Key Points: Shop drawing review; construction observation; written agreement.  (2)

Random Associates

Discipline: Mechanical/Electrical. Development of engineering plans and specs for pre-built metal structures. The project went significantly over budget. When the designer sued for fees, the developer counter-sued for errors and omissions. Key Points: Poor communication/business practices; inappropriate contract mandatory arbitration; failure to report to the insurer. (2)

Regal Engineering
Discipline: Civil Engineer. Project to rehabilitate an old hydroelectric plant. The plant could not produce the necessary power. The City demanded compensation of $1.1 million. Key Points: Cost estimates; capabilities; inadequate observation of the Work; information provided by others. (2)

Snow Country Consulting

Discipline: Environmental. Phase I Environmental Site Assessment on an industrial site performed by an inexperienced consultant. A potential purchaser relied his report and then learned the actual remediation would be significant. Key Points: Red-flag words in the proposal; lack of a written contract; poor technical procedures; inadequate oversight of an inexperience employee; third-party reliance on the report; inappropriate communication with a third party; and fee collection issues. (2) ACECNY 2 PDH

Warehouse Development

Discipline: Architect. Development of 15,000 square foot warehouse/office project: 12 two-story warehouse bays with office space on the second floor. A mid-project change of architects led to a host of problems. Key Points: Supplanting another consultant; no written contract; unauthorized changes by the owner/contractor; inadequate observation of the Work; inadequate training and supervision of young consultant; lack of project review procedures; failure to take initial complaint seriously. (2)

Western Development

Discipline: Structural Engineering. Foundation design for a 20,000-sq-ft office and warehouse facility, undertaken w/o a site-specific geotechnical report. Key Pts: Failure to evaluate project risk, inadequate contract/scope of services, poor client selection, poor documentation, lack of disclaimer language, inadequate supervision of junior engineer, poor technical procedures and poor quality control. (2)

5/7/2010

(1)     Program developed by PLAN, Professional Liability Agents Network
(2)     Program developed by XL Design Professional Insurance for Association Use only.

Note for all programs: Continued Education Credits shown are National Credits only.  NY State credits are specifically referenced and are subject to expiration. Obtaining NY State approvals will be sought by request, if appropriate. S