ASCE MEMBER INSURANCE RISK MANAGEMENT RESOURCES

ASCE Risk Management Resources

Are You Talking to Me? Stay-at-Home Orders and Engineering Practice During the COVID-19 Pandemic

Posted on 6/19/2020 by ASCE Insurance in Claims

By Sarah A. Johnson, Esq.

The governors of a majority of states across the country have issued stay-at-home, or shelter-in-place, orders in an attempt to limit the spread of COVID-19, instructing everyone to remain in their homes.

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Design Professional Negligence? Only an Expert Can Tell

Posted on 2/24/2020 by ASCE Insurance in Claims

Douglas R. Garmager, Esq.

A design professional who has been sued may naturally be concerned about a jury of laypersons sitting in judgment over his or her work, especially when the work was part of a complex, multi-faceted project that may have turned out poorly for a number of reasons, none of which involved the design professional's work.

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Claims Retrospective: Construction Observation Services Claims Are Often Avoidable

Posted on 2/24/2020 by ASCE Insurance in Claims Construction Documentation

While many engineers believe that conducting construction observation services can reduce liability, some disagree.

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Always Consult Local Counsel Before Settling a Claim

Posted on 12/19/2019 by ASCE Insurance in Claims

Sarah A. Johnson, Esq.

Engineers are often brought into lawsuits by contractors and other design professionals who have been sued by the owner of the subject property or someone who has been injured on the subject property.

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Claims Retrospective: Even Providing Limited Professional Engineering Services Can Be Risky

Posted on 12/19/2019 by ASCE Insurance in Claims

We have noticed an increase in claims involving large-scale condominium complex construction projects, particularly in areas of the country that experience inclement weather or natural disasters, such as prolonged sub-zero temperatures, heavy snowfall, hurricanes, and tornadoes.

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Licensing Notice: Structural Engineering Licenses Required for Certain Projects

Posted on 10/9/2019 by ASCE Insurance in Claims

Sarah A. Johnson, Esq.

Do you have the proper licensure? In some states, a licensed professional engineer (PE) is not able to engage in structural engineering without being a licensed structural engineer (SE).

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Construction Defect Statutes Outline Procedures for Litigation Against Contractors

Posted on 9/6/2019 by ASCE Insurance in Claims

Giovanny Avendano, Esq.

Most states have enacted notice of claim, an official intent to file a claim, for construction defects statutes. Commonly referred to as Right to Repair/Cure statutes, they establish a pre-litigation dispute resolution mechanism in certain construction defect matters that generally involve the claimant filing a notice of claim with the contractor, which often includes design professionals and engineers as defined by statute.1

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Best Practice in Responding to Inquiries from State Agencies

Posted on 9/6/2019 by ASCE Insurance in Claims

A recent trend in the rise of inquiries from state agencies has been observed in 2018 and 2019. These "inquiries" are not formal complaints, but rather informal investigations into projects. Often, state investigators will contact an engineer or design professional directly via email or phone to "respond to a few questions."

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Claims Retrospective: The Risks in Providing Professional Services to a Party Engaged in Litigation

Posted on 8/26/2019 by ASCE Insurance in Liability Engineers Claims

Requests for professional engineering services by a party already in litigation are not unusual and can present unique challenges. The parties embroiled in litigation are more likely to be emotional, frustrated, upset and/or defensive about the subject project, and pursuing a rational resolution may be clouded by the parties' intransigent positions. The engineer already has some indication that the parties may be difficult to work with, or are generally litigious, so taking precautions to reduce risk is important.

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Your Document Retention Policy Should Be Based on the Applicable Statute of Repose

Posted on 12/14/2018 by ASCE Insurance in Claims

Sarah A. Johnson, Esq.

The most common question that comes up when evaluating a document retention policy seems to be, "What is the statute of limitations?"

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