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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…
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Claims Retrospective: The Importance of Considering the Effect of Your Work on Neighboring Properties
In Claims onWe have seen an increase in claims by neighboring property owners to lots with significant construction. The most common claim…
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Claims Retrospective: The Threat to File a Licensing Complaint as a Claim or Potential Claim
In Claims onIt is not unusual for a client or others involved with a project to threaten to file a licensing proceeding…
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Claims Retrospective: Engineers Who Have a Small Business Should Have a Contingency Plan in Place in the Event They Become Incapacitated or Die Unexpectedly
In Claims onWhile no one likes to think about their death or incapacitation, it is important that owners of small businesses set…
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Claims Retrospective: Engineers Should Address Both the Possibility and Existence of Unforeseen Conditions Directly and Immediately
In Claims onMost seasoned engineers have had the unfortunate experience of discovering an unforeseen condition that greatly affects the project after construction…
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Beware of Implied Warranties as the Assertion of Such Claims Can Lead to Expanded Liability
In Claims onWhile several jurisdictions only allow recovery of economic loss from design professionals, including engineers, in breach of contract,1 many jurisdictions…