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Click Here to Access The Article Your professional services agreement with your client is a critical document to formalize the roles and responsibilities of the project participants and establish the business parameters of your design services. Your contract is also the first line of defense in the event of a dispute or claim—in fact, it’s the first thing a claims examiner will ask to see when a problem arises. In this edition of our multi-part series, we address the import

Elevating the Standard of Care The law requires design professionals to perform in accordance with the “standard of care,” which is defined by the Engineers Joint Contract Documents Committee (EJCDC) as “the care and skill ordinarily used by members of the designer’s profession practicing under similar circumstances at the same time and in the same locality.” Many owner-drafted agreements recite the accepted standard of care, but add all sorts of inappropriate requirements to

As a proud member of The Professional Liability Agents Network (PLAN), Poole Professional is happy to announce an upcoming webinar that can earn 1 AIA/CES learning unit for architects and qualified continuing education credits for engineers. "Coordination 5(+) Ways" will be presented Tuesday, February 20, 2018 2:00-3:00PM EST. Coordination – easy to say, but hard to execute. Successful design and construction projects must navigate at least five zones of significant coordina

December 5, 2017 2PM-3PM EST Register here A key element in identifying and managing risk for Design Professionals is to know and understand the legal basis for potential claims. This webinar will examine: - For whom and to whom design firms may be legally responsible. - What type of damages firms may be legally liable for. - The potential extent of those damages. - What legal defense may be available. #Webinar #AIACredit #Architects #Engineers #ContractNegotiations #PLAN

Happy Friday the 13th! If your contract contains any of the words listed below, you may be opening yourself up to a heightened standard of care, a broadened indemnity, or possibly an uninsured exposure. As always, we are happy to review any contract that comes across your desk for insurability. We realize your time is important, and strive to have all contracts reviewed and returned within 24 hours. Information from XL Catlin "What's in your Contract?" #ContractNegotiations #

Berkley Design Professional's August white paper details the best practices for working on either side of the consultant/subconsultant relationship. The paper dissects key clauses of subconsultant agreements, including Right to Rely, Billing & Payment, and Ownership of Instruments of Service. The entire white paper can be found here. #Berkley #Subconsultants #ContractNegotiations #Engineers #Architects #ScopeofServices

June 21st, 2017 2:00 PM EST Register Here In this webinar, you'll: Hear directly from a 14-year member of the AIA Documents Committee about the rationale behind the changes and additions to the A201 Family Discover how the contract documents have been enhanced in content and format Learn how to confidently select appropriate contract families based on project size and complexity Take a closer look at the new Sustainable Projects Exhibit, which can be used on any project to ad

Thursday, June 1st, 2017 2:00 - 3:30 PM EST Register Now This webinar will give you an insight into the AIA's revision process as well as a chance to learn about the revised Owner-Architect agreements. This program will prepare you to select appropriate AIA contracts for your particular project and practice, as well as to evaluate the suitability of alternative contract terms and language. Presenters will also discuss the new Sustainable Projects Exhibit and explore how it ca

Date: Thursday, June 29, 2017 Time: 8:00 - 9:30 AM Cost: FREE - But you must register! LU's: 1.5 LU's (HSW) Location: Five Star Bank - Community Room CityGate, 395 Westfall Rd, Rochester, NY AIA Documents B101, B103 and other key Owner–Architect Agreements are being revised for release in 2017. Attendees will leave this session with an understanding of the 2017 revisions to the Owner-Architect agreements; will be able to select appropriate c

The project at hand involved improvements to a town’s riverside recreation facility and parking area. The architect’s limited role required preparation of schematic layouts, a detailed site plan map and coordination with the town engineer for zoning approval for improvements. The town hired the architect by accepting his proposal for providing limited architectural services. In fact, once accepted, the proposal was signed and became the contract. The insured’s proposal/contr