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Title and summary Date/time
1
Task Orders that Contain Onerous Terms
Design firms often have long-term clients that engage their services from time to time on different projects. These clients often execute a master services agreement with the design firm and then use task orders to parcel out the work to their consultant ... 		Feb 21, 2012
10:32:00 AM
2
EJCDC Adds Teaming Component to Revised Joint Venture Agreement
Recognizing that firms are in many cases teaming with others to pursue business opportunities, the Engineers Joint Contract Documents Committee (EJCDC) has added a Teaming Agreement to a new revised version of the joint venture document. The EJCDC E-580, ... 		Dec 20, 2011
8:20:00 AM
3
Confidentiality Agreements
Recently I’ve been asked to review several confidentiality agreements. Design professionals frequently receive confidential information necessary to perform their services. Sometimes, information of this nature may constitute a “trade ... 		Nov 15, 2011
10:37:00 AM
4
Design-Build Skip Over Clause
For design professionals considering design-build projects for the first time, special attention must be paid to the prime agreement between the owner and design-builder. Frequently, design professionals provide their design services as a ... 		Oct 18, 2011
9:21:00 AM
5
Who Should Be Indemnified?
A recently reviewed contractcontained an indemnification provision that required the design professional to indemnify the client as well as the state, the city, and the local transportation department. The design professional wanted to know who should ... 		Oct 10, 2011
10:36:00 AM
6
Warranties in Contracts
In a recently reviewed contract, an engineer replaced the word “warrants&rdqu... 		Sep 7, 2011
8:29:00 AM
7
Arbitrating a Claim on a Tribal Project
Many design firms are providing services to sovereign American Indian nations related to casino and resort development and the many other types of projects funded by these sources of tribal income. Although we have published extensively on the claims ... 		Aug 24, 2011
9:20:00 AM
8
Contracts in Foreign Countries
We are occasionally asked to review contracts for projects in foreign countries. We provide a contract review service to assist our policyholders in identifying potential coverage issues relating to their professional liability policies. We use ... 		Aug 10, 2011
11:08:00 AM
9
Managing Sustainability Risks via Contract
We’ve written about the challenges of managing green design project risks (subheading “Green Design/Sustainabilit... 		Jul 21, 2011
2:21:00 PM
10
Intellectual Property Infringement Actions
Professional liability insurance covers many violations of intellectual property rights. The key is whether the negligent professional services of the insured firm resulted in the harm. In a contract, many clients differentiate the duties of the design ... 		Jun 27, 2011
8:23:00 AM
11
Online Contract Review Tool
When your client drafts a contract and you need to review it fast,why notuse Schinnerer’s vast risk management experience? Our online contract review guide is an interactive tool for policyholders who are reviewing client-drafted contracts.The ... 		Jun 20, 2011
8:42:00 AM
12
Review Indemnification Provisions Carefully
Indemnification provisions that are not limited to the extent of a design professional’s negligence may result in claims that are not covered by professional liability insurance. We were recently asked to review the following Indemnification ... 		Jun 9, 2011
3:55:00 PM
13
Additional Resource on Managing Condominium Projects
Much has been said about the liability risks of condo projects. Claims experience shows that condos represent one of the worst project typeswhencompared tothe billings earned for this type of work. Our claims study on habitability claims details some of ... 		Jun 6, 2011
8:37:00 AM
14
Is Your Client Willing to Pay You?
One of the most basic responsibilities of the client is to pay the design professional in a timely manner for services provided. Your firm’s ability to survive depends on this. Payment terms should be clear and specific. In a recent contract review ... 		May 31, 2011
9:17:00 AM
15
The Dangers of Proceeding Without a Signed Contract
A recently reviewed agreement between an architect and a subconsultant illustrates the importance of having a signed agreement in place prior to performing services for a client or receiving services from a subconsultant. The architect’s ... 		May 26, 2011
9:19:00 AM
16
The AIA's Next-Generation Contract Documents Service
The AIA recently celebrated 100 years of contract documents during their 2011 convention. The convention gave a glimpse into the future, with a preview of the AIA’s next-generation contract documents service. The online, cloud-based service will be ... 		May 24, 2011
8:52:00 AM
17
New Resource Guide from AIA
In 2007, the AIA published standard owner-architect agreements that required the architect to communicate with the project owner on sustainable design alternatives. While this raised the requirements placed on architects and, mostly likely, the ... 		Apr 20, 2011
8:45:00 AM
18
The Difference Between Design Professionals and Contractors
Many clients of design professionals do not understand the difference between design professionals and contractors. This is particularly true when a design professional is being retained as a subconsultant to a design-builder, but it can occur with all ... 		Feb 16, 2011
8:56:00 AM
19
Be Wary of Client-Created Solutions for "Errors or Omissions"
A professional service firm, like any business, is responsible for harm to its client caused by the firm’s breach of its contract. But breach of contract is not what professional liability insurance covers. All professionals must meet an applicable ... 		Feb 10, 2011
2:01:00 PM
20
Engineer's Contractual Duty
On January 21, 2011, the Illinois Supreme Court ruled in Thompson v. Gordon that a design professional’s duty is described by the terms of the contract and cannot be expanded based on expert testimony offered by an opposing party. The engineering ... 		Feb 7, 2011
9:09:00 AM

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