Claims Retrospective: Knowledge about Extended Reporting Periods, or Tail Coverage, Is Salient When Individuals Retire and/or Firms Cease Doing Business.
In Claims onRead moreDue to the claims-made nature of professional liability insurance policies, sole proprietors and insured firms and their employees should consider Extended Reporting Periods (ERPs) or tail coverage when individuals retire and/or firms cease doing business.
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Recent Cases Illustrate How Legal Concepts and Lessons Can Be Applied to Land Surveyors.
In Claims onRead moreAlthough this newsletter tends to focus on engineers, this article examines some claims against and defenses by land surveyors in recent cases. While the exemplar cases in this article do not necessarily present unique concepts, they illustrate how certain legal concepts and lessons can be applied to surveyors.
Understanding the Risks of Coverage Lapses
In Risk Manager onRead moreInsurance provides options to safeguard our possessions, businesses, professional pursuits, and lives. These options are designed to protect us during times when we are at our most vulnerable. Unfortunately, failure to maintain continuous coverage remains among the most elected options. With professional liability insurance, also known as errors and omissions, lapsation of coverage could have catastrophic financial and legal implications.
Claims Retrospective: Working for Condominium Associations May Require a Unique Type of Vigilance.
In Claims onRead moreDesign professionals who agree to perform services for condominium associations may find themselves involved in odd claims. Over the past few years, we have seen some claims by condominium associations and their unit owners that are outside the ordinary claims for failure to meet the applicable standard of care.
Waiver Provisions in Other Party’s Contracts May Shield Design Professionals, Contractors, and Others from Liability in Certain Situations
In Liability onRead moreIt is not unusual for parties to a construction-related contract to waive certain claims therein. However, the parties may not always fully understand or intend the consequences of the waiver provisions included in their contracts.
Claims Retrospective: Non-Traditional Projects Create Increased Potential Liability
In Claims onRead moreWe have seen an increase in claims arising from non-traditional projects, where the engineering seems to involve experimental or unproven methods, or at least the application of standard engineering methods to a unique set of circumstances. These projects might include the use of new materials, the creation of a new product, or an attempt to create a unique visual aesthetic. While these projects can certainly…
The United States District Court of the District of Maryland Weighs In on the Division of Responsibility between the Structural Engineer of Record and the Engineer with a Delegated Design
In Engineers onRead moreDisputes over the division of responsibility between the structural engineer of record (“SEOR”) and an engineer with whom SEOR has delegated a certain portion of the design (“delegated engineer”) have been the subject of many professional liability claims. However, there are very few cases offering any guidance on the issue. The recent case of Metromont Corp. v. Allan Myers, L.P.1 provides some useful insights as…
The Use of Statutes of Repose in Setting Record Retention and Insurance Maintenance Policies – A Difficult, but Necessary, Endeavor
In Claims onRead moreWhile engineers often use the terms “statute of limitations” and “statute of repose” interchangeably, the distinction between the two terms is of pivotal importance in understanding not only how long documents should be retained, but also in determining how long an engineer should retain insurance coverage and/or how far back the insured engineer’s retroactive date needs to be to ensure that it is covered for…
Claims Retrospective: Designs Based on the Assumption that Certain Permits/Approvals Will Be Waived or Not Required
In Claims onRead moreDesign professionals will occasionally create designs, plans, and/or drawings (collectively, referred to herein as “designs”) with the assumption that its designs will not need to be submitted or approved to the agencies normally required. For example, we have recently received multiple claims in relation to projects where the design professionals have tried to avoid the need to obtain approval or a permit from the California…
How Engineers Can Inadvertently Extend Their Liability
In Claims onRead moreMost engineers understand that if they commit errors or omissions that result in damages, they may face claims from their clients. However, engineers are often surprised to find they may have duties to and be held liable to other parties besides their clients.
