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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…
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Claims Retrospective: Construction Observation versus Construction Inspection—More Than Just Semantics
In Claims, Construction onDepending on the type of project, an engineer may be involved in construction administration services. These services may include observing…
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Be Familiar with the Grounds for Challenging Expert Testimony
In Claims onLitigation against an engineer will almost always involve expert testimony. Not only because it is required, but to establish the…
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Claims Retrospective: A Licensing Proceeding Can Be a Precursor to a Claim
In Claims onIt is hard to think of anything that could be more detrimental to an engineer’s practice than losing his or…
