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Waiver Provisions in Other Party’s Contracts May Shield Design Professionals, Contractors, and Others from Liability in Certain Situations
In Claims onIt is not unusual for parties to a construction-related contract to waive certain claims therein. However, the parties may not…
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Claims Retrospective: Non-Traditional Projects Create Increased Potential Liability
In Claims onWe have seen an increase in claims arising from non-traditional projects, where the engineering seems to involve experimental or unproven…
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The Use of Statutes of Repose in Setting Record Retention and Insurance Maintenance Policies – A Difficult, but Necessary, Endeavor
In Claims onWhile engineers often use the terms “statute of limitations” and “statute of repose” interchangeably, the distinction between the two terms…
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Claims Retrospective: Designs Based on the Assumption that Certain Permits/Approvals Will Be Waived or Not Required
In Claims onDesign professionals will occasionally create designs, plans, and/or drawings (collectively, referred to herein as “designs”) with the assumption that its…
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How Engineers Can Inadvertently Extend Their Liability
In Claims onMost engineers understand that if they commit errors or omissions that result in damages, they may face claims from their…
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Settlement Agreements – Get Them in Writing
In Claims onIt’s often beneficial for the parties of a dispute to consider an early resolution via compromise. Settlements can offer a…
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An Injured Party’s Carrier Paid the Loss – Are You Off the Hook?
In Claims onConsider the following scenario: your design error has caused damage to the person or property of another, and you are…
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Claims Retrospective: Trust but Verify – Relying on Client-Provided Information Can Lead to Claims
In Claims onBusiness is booming. Engineers and surveyors across the country are working longer hours to try to meet the greater demand…
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Improper or Incomplete Construction Observation Services Can Give Rise to Fraud Claims
In Claims onMost design professionals do their best to avoid professional liability claims as a matter of course. However, even the most…
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Claims Retrospective: What is a Claim under a Professional Liability Insurance Policy?
In Claims onSome insured engineers continue to express confusion regarding what a claim is under a professional liability insurance policy. Typically, the…
