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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…
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Claims Retrospective: Problematic Clients Can Lead to Potential Claims
In Claims onOne way to avoid claims is to avoid bad, or problematic, clients. Before entering a contract for services, engineers should…
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Claims Retrospective: Remember, Your Subconsultant’s Work Is Your Work
In Claims onEngineers frequently subcontract a portion of the design work they are responsible for to a subconsultant. However, engineers should realize…
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Although Often Sought by Overreaching Claimants, Betterment Is Typically Not Recoverable
In Claims onWhen there is a problem with a construction project, the property owner often tries to obtain the highest amount of…
