Professional Liability Advocate

Professional Liability Advocate

Category Archives: Architects & Engineers

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When Less Is More: The pitfalls of saying too much in professional contracts

Posted in Architects & Engineers, Design Professionals, Professional Liability
Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies are especially important for practitioners in jurisdictions where a design… Continue Reading

It Takes One to Confront One in a Professional Liability Claim

Posted in Architects & Engineers, Design Professionals, Professional Liability
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have sufficient expertise in… Continue Reading

“IT ISN”T EASY BEING GREEN….” Green Design Changing the Standard of Care

Posted in Architects & Engineers, Miscellaneous E&O
With the continuous shift in the construction industry toward green and sustainable design, becoming green-accredited is a great marketing tool for any business. However, programs such as LEED (Leadership in Energy and Environmental Design) and green design accreditations such as GRP (Green Roof Professionals) are changing the standard of care for design professionals.… Continue Reading

OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a… Continue Reading

Are Superstorms a Game Changer for Design Professionals?

Posted in Architects & Engineers, Miscellaneous E&O, Real Estate
Superstorms such as Sandy and Irene impacted the daily lives of the people who lived through them and the destruction of property totaled in the billions of dollars. Today, design professionals are faced with a new concern arising from these superstorms: whether to provide voluntarily professional services in aid for rebuilding efforts.… Continue Reading

Social Media: Putting Your Best Foot Forward or in Your Mouth

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
As part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section. This made me think about “puffing,” which I learned about in my Contracts class… Continue Reading