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 →
“We are all in this together.” That was the refrain heard throughout society when the pandemic was finally recognized. But anyone who has experience in design and construction knows that such a maxim is not a truism in the construction industry. From the time the first disruptions and lockdowns occurred, attorneys representing construction firms have... Continue Reading →
The U.S. Centers for Disease Control and Prevention (CDC) recently issued new guidance for employers around testing protocols, “SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces.” Design firms seeking to reopen offices or reunite all employees in a normal office setting should be aware of the guidance.The CDC recommends incorporating COVID-19 testing in these five scenarios:... Continue Reading →
Using independent contractors to perform discrete, well-defined tasks on your project is one way to tap into existing talent without adding employees to your payroll. Firms typically tap their existing networks; however, they are increasingly using online platforms that function as a marketplace for firms and freelancers to find each other and strike a mutually... Continue Reading →
Based on the facts in Bostock v. Clayton County, Georgia, the U.S. Supreme Court has ruled that Title VII of the Civil Rights Act of 1964 protects gay and transgender workers from workplace discrimination. The 6-3 decision, issued on June 15, 2020, held that an employer who fires an individual merely because that individual is... Continue Reading →
A study by the Federal Emergency Management Agency (FEMA) shows that the adoption of modern building codes is averting over a billion dollars a year in structural damage in California and Florida alone. The preliminary findings of this first-of-its-kind study are expected to be formally released in August.The study calculates how much damage has been... Continue Reading →
From Risk to Profit: Benchmarking and Claims Studies is Victor's comprehensive benchmarking and risk management resource for design and construction firms. Below is an excerpt from the book, which is only available to Victor/CNA policyholders and brokers. One of the most important attributes of a professional education, and running a successful design firm, is the... Continue Reading →
