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 →
Many design professionals are concerned about their “vicarious liability” when retaining subconsultants. Many others don’t realize that a prime design professional is always responsible for the actions—including negligence—of those providing services through the prime design professional. This exposure is amplified if the subconsultant doesn’t have adequate insurance. Although the Schinnerer professional liability insurance program provides... Continue Reading →
Sometimes clients ask design professionals to engage another entity, often to facilitate the client’s procurement process so that the client does not have to set up a new contract with a new vendor. The risk for the design professional is that they have vicarious liability for the conduct of the subconsultant, which is, in this... Continue Reading →
