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Contract Provisions Requiring an Affidavit or Certificate of Merit Prior to Filing Suit – Enforceable or Not?
In Contracts onA minority of states have enacted statutes requiring that an affidavit or certificate of merit be filed in a lawsuit…
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Engineers’ Duties Outside of a Written Contract: Avoiding Pitfalls Through Proper Documentation
As with any profession, a contract for engineering services specifies the terms of agreements, services to be exchanged, deadlines, and…
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It Can Be Perilous to Agree to Defend and Indemnify Another Party in a Written Contract
In Contracts onMost engineers recognize indemnification clauses can be problematic. Under any normal professional liability policy, such as the forms used by…
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Claim Retrospective: The Significance of a Global Settlement in Multi-Party Litigation
Why can’t we settle the claim? The answer is often that we cannot obtain a global settlement. Unfortunately, such an…
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Know the Limits of Your Contract
In Construction, Contracts onGeneral contractors and developers rarely have insurance covering construction defect claims, and they regularly become insolvent and/or judgment proof after…
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What You Need to Know About Liability Clauses
In Contracts onMany architects and engineers incorporate a limitation of liability clause into their contracts. A limitation of liability clause is exactly…
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How to Memorialize Your Scope of Services
Recent claims have revealed that a number of engineers have not been memorializing the scope of their services in writing,…
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He Said/She Said is Not a Good Plan
In Contracts, Documentation onThe specter of litigation will never instill peace of mind, but engineers are wise to implement document retention practices to…
