Design firms vary in how they treat “side gig” or “moonlighting” efforts by professional service employees. Most firms simply prohibit such services. The activity may not stop, but the firm must state its policy and, if it becomes aware of such activity, go on record as not supporting or condoning it in any manner. But... Continue Reading →
After COVID-19 restrictions on the construction industry were put in place, the International Code Council surveyed code departments across the US to better understand their capabilities and to collect best practices that could help inform procedures in other departments. The survey results were published in a previous blog post about industry trends and emerging issues.... Continue Reading →
To a remarkable degree, consulting firms have adjusted to the new norm under COVID-19 fairly well. The adage that “Necessity is the mother of invention” has been proven true in the last few months. All consulting firms were forced to reimagine and reorganize their business operations when the pandemic forced firms to shut down office... Continue Reading →
While we wait for federal lawmakers to pass a comprehensive infrastructure package that may integrate clean energy infrastructure and a sustainable framework for climate change and resilience in the face of continued severe natural disasters, there’s another federal resource worthy of attention. The Federal Emergency Management Agency (FEMA) launched a new program, Building Resilient Infrastructures... Continue Reading →
Because of the disruptions caused by the COVID-19 pandemic, the new normal for many design firms means using online video conferencing software. Most conferencing programs allow for easy recording and sharing of videos, creating an innovative tool for bringing others in on the conversation. But this function also raises a host of potential confidentiality, discovery,... Continue Reading →
Audits of disbursements from public programs ensure that the funds have been used appropriately. Because the first round of funding in the Paycheck Protection Program (PPP) was depleted so quickly—and many large businesses were approved for loans that were not needed or that were provided outside of the required processing—the Small Business Administration (SBA) is... Continue Reading →
Some firms worry that their professional liability insurance might not cover them for drone usage. The Victor and CNA professional liability program provides coverage when professionals use drones as tools to perform their professional obligations. Firms using unmanned aerial vehicles, such as the drones often used to document new construction for evaluation by the design... Continue Reading →
In many states, insurance coverage is not possible for damages that are not the result of a wrongful act. Punitive damages are damages awarded in addition to actual damages because the defendant, as determined by a court or jury, acted with recklessness, malice, or deceit. Such damages are meant to penalize the egregious actions of... Continue Reading →
Often in professional services agreements, clients ask firms to “waive subrogation rights.” It is important to understand what subrogation rights exist, and the reason for the waiver request, before waiving those rights.In AIA and EJCDC documents, a waiver of subrogation provision exists to reduce litigation over the cause of a loss covered by property insurance.... Continue Reading →
Although design errors or inadequacies are not the source of most professional liability insurance claims, they often lead to the erosion of client confidence in the design team and usually result in claims during the construction phase or soon thereafter. This happens because traditional professional liability insurance policies do not provide coverage until a demand... Continue Reading →
