Negotiating indemnity obligations

Client-drafted indemnity obligations are often broad and include defense obligations. Often, clients are unwilling to amend indemnity obligations. If a firm wants to protect itself against the possibility of having to defend its client and paying contractual obligations beyond its professional liability insurance coverage for providing professional services, it may be better off adding a... Continue Reading →

Responding as a professional to a natural disaster

During times of emergency, like the recent flooding in South Carolina, design professionals typically have been willing to volunteer their services to assist in protecting public health and safety and to provide immediate services to aid in recovery efforts. Such volunteer efforts, or any immediate response efforts involving a limited scope of services during the... Continue Reading →

Providing services in emergency situations

During emergencies, design professionals are often willing to volunteer their services to assist in protecting public health and safety. Prudent design professionals realize that these efforts, whether volunteer or paid, create potential liability. While some states have volunteer protection acts that afford the immunity of the state to licensed designed professionals providing services during emergency... Continue Reading →

Weasel Words

When I review a contract, I give it a quick glance and broadly categorize it as either “reasonable” or one with “weasel words” before I delve into the review. Weasel words is my characterization of clauses that unreasonably shift risk to one party. Although I often use the term for owner-drafted contracts, I have run... Continue Reading →

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