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Title and summary Date/time
1
2013 EJCDC Construction Contract Documents Available
The new 2013 EJCDC construction contract documents are now available. The new edition of the construction contract documents is comprised of 23 documents for use on engineered-facility projects. The documents are focused on projects where the owner ... 		Mar 28, 2013
1:41:00 PM
2
The Risks of Oral Agreements
One of the most important rules in good risk management is to avoid oral agreements. Our claims statistics back that up – compared to when a standard American Institute of Architects or Engineers Joint Contract Documents Committee contract is used, ... 		Nov 8, 2012
8:30:00 AM
3
Liquidated Damages
We often see clauses that attempt to make design professionals responsible for liquidated damages caused by schedule delays. Liquidated damages provisions determine in advance the measure of damages if a party breaches the agreement, whether or not it ... 		Jul 5, 2012
9:54:00 AM
4
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
5
Florida Design Firms Need to Understand Their Legal Protections
Recently we have seen governmental agencies in Florida requiring professional service firms to accept broad contractual defense and indemnity obligations. This is a trend we are seeing across the U.S. state and local governments as they appear to be ... 		Feb 7, 2012
11:00:00 AM
6
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
7
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
8
Warranties in Contracts
In a recently reviewed contract, an engineer replaced the word “warrants&rdqu... 		Sep 7, 2011
8:29:00 AM
9
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
10
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
11
Communicating with Your Client
Does your client want to be named as an additional insured on your professionalliabilit... 		Jul 12, 2011
11:11:00 AM
12
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
13
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
14
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
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
Clients assigning contract rights to lenders
In the last two weeks we have seen a marked increase in design professionals being asked to consent to their client assigning their contractual rights to the lender. These consent forms often state that the design professional agree that the client, who ... 		May 12, 2011
9:34:00 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
Contractual Liability Issues in PL policies
Occasionally, clientsask design professionals to have their professional liability policy endorsed to specifically insure contractual liability. This would provide coverage for the risks a design professional assumes in a professional services agreement. ... 		Jan 19, 2011
9:39:17 AM

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