Claims Retrospective: Determining Whether an Error Caused Any Damage Is Important in Deciding How to Discuss It with Others
In Claims onRead moreDesign professionals, like all humans, are imperfect and make mistakes. However, such mistakes, or errors and omissions, do not always lead to damage or deficiency. Indeed, we have seen instances where errors or omissions have had no effect on the ultimate outcome of a project and, in some instances, have even resulted in a more conservative design or over-design.
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Generative Artificial Intelligence: Future Predictions Concerning Risk Management
In Claims onRead moreWe have all heard predictions about how generative artificial intelligence (AI) is likely to change how professionals practice in both good and bad ways. Design professionals are not immune to such predictions. Indeed, engineers have already reported on the ability of AI to create plans and reports.
Better Get an Expert: The Role of an Expert in Claims Against Design Professionals
In Claims onRead moreLitigation against design professionals has often been characterized as a battle of the experts. Indeed, expert testimony is deemed so essential to cases against design professionals that some jurisdictions require the claimant/plaintiff to obtain either a certification of merit from an expert or a certification from the plaintiff’s attorney, affirming that they have consulted an expert and believe there is support for the allegations that…
Claims Retrospective: Joining a Project that Already Involves a Dispute is a High-Hazard Area for which Specific Preparation is Necessary
In Claims onRead moreEvery project has its complications. However, when an engineer begins a project that already involves a dispute among those involved, the perils may be hidden—or at least not readily observed. Further, the very existence of the dispute may be a sign that the client or the other parties involved are particularly difficult to deal with or even litigious. Accordingly, it is best to approach these…
Operating Without Professional Liability Insurance: A Risk No Engineering Firm Can Afford
In Risk Manager onRead moreEngineering firms make decisions every day that impact public safety, the structural performance of buildings, and projects valued at millions of dollars. Shockingly, some firms continue to operate without professional liability insurance, leaving themselves exposed to unforeseen, and often serious, losses. Sadly, these losses can cause irreversible harm both to the firm itself and to the public. In a profession where a single oversight can…
Cyber Strike: A First-Hand Account
In Risk Manager onRead moreEngineering services often include commenting on construction work, either while the work is ongoing or after it is completed. It is not unusual for engineers to comment on whether the work appears to be in general conformance with the contract documents or even if it appears to be structurally sound. Under certain circumstances, engineers may observe the construction work via photographs or video rather than…
Claims Retrospective—Beware of Jobs, Requests, or Favors that Are Touted as “Simple” or “Quick.”
In Claims onRead moreIt is not unusual for engineers to perform a “simple” job for which they are paid little to nothing. Many times, the “simple” job is a favor for a client, former client, friend, or even an acquaintance. It usually starts with a request that the engineer come “take a look at” something and ends in a request that the engineer provide opinions or comments about…
While Delay Damages Are a Very Real Risk, They Can Be Mitigated Through Thoughtful Risk Management Strategies.
In Claims onRead moreA design error can, and often does, lead to significant hard costs, i.e., additional material and labor costs. The hard costs resulting from a design error are typically easy to recognize and calculate. However, design errors can also result in soft costs, which are harder to substantiate and calculate. One category of such soft costs is damages resulting from a delay in the construction project.…
Claims Retrospective—Transparency in Construction Observation Services Is the Best Policy
In Claims onRead moreEngineering services often include commenting on construction work, either while the work is ongoing or after it is completed. It is not unusual for engineers to comment on whether the work appears to be in general conformance with the contract documents or even if it appears to be structurally sound. Under certain circumstances, engineers may observe the construction work via photographs or video rather than…
L.A.’s Self-Certification Pilot Program – Enter at Your Own Risk
In Claims onRead moreIn the wake of the wildfires that ravaged parts of Los Angeles earlier this year, the City of Los Angeles decided to implement a Self-Certification Pilot Program (the “Program” or the “Pilot Program”), allowing licensed architects and engineers to self-certify that their plans comply with the Los Angeles County Building Code, thereby eliminating the need for a full building plan check review. While the goal…
