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 →
“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 →
