Helping after a Hurricane: Implications for Design Professionals
Be careful out there!
In the aftermath of a disaster like hurricane Harvey, people turn to architects and engineers to provide much-needed assistance. When you lend a hand please make sure to protect your staff and your firm. The law may not protect you from liability, even for services performed for such a worthy cause. Now is not the time to forgo sound risk-management practices.
It is extremely important that you get a written contract that not only specifies your roles and responsibilities but also provides a waiver of any liability that could be imposed on you and indemnification for you in the event of any harm you might incur or claims by any third parties against you.
In these instances, expediency matters. It doesn't have to be a full-blown contract. Instead, you might adapt the EJCDC or AIA short-form agreements. If you choose not to use a short-form agreement and prefer to use letter agreements for post-emergency situations, you might consider including a waiver and indemnity clause. You should also describe and limit the scope of your services to prevent future misunderstandings. Click here for recommended contract clauses.
Or consider modifying this downloadable Sample Agreement for Emergency Professional Services from the XL Catlin eGuide located on the Resource tab of our Learning Management System.
Rely on us.
XL Catlin supports the brave and selfless professional men and women participating in these monumental humanitarian efforts. The entire XL Catlin family of staff and agents stand ready to provide further risk management and loss prevention advice and counsel.