Claims Retrospective: Construction Observation Services Claims Are Often Avoidable
Read moreWhile many engineers believe that conducting construction observation services can reduce liability, some disagree.
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Always Consult Local Counsel Before Settling a Claim
In Claims onRead moreEngineers are often brought into lawsuits by contractors and other design professionals who have been sued by the owner of the subject property or someone who has been injured on the subject property.
Claims Retrospective: Even Providing Limited Professional Engineering Services Can Be Risky
In Claims onRead moreWe have noticed an increase in claims involving large-scale condominium complex construction projects, particularly in areas of the country that experience inclement weather or natural disasters, such as prolonged sub-zero temperatures, heavy snowfall, hurricanes, and tornadoes.
Construction Delay: 10 Things Design Professionals Need to Consider
In Construction onRead moreArticle provided courtesy of Gary Prather, founder and president of Architects and Engineers Dispute Resolution Group.
Thoughts on Managing Site Visits
In Construction onRead moreConstruction phase services are an important element of any design contract involving construction. Design documents cannot be effectively implemented in a vacuum.
Licensing Notice: Structural Engineering Licenses Required for Certain Projects
In Claims onRead moreDo you have the proper licensure? In some states, a licensed professional engineer (PE) is not able to engage in structural engineering without being a licensed structural engineer (SE).
Claims Retrospective: Arbitrary Deadlines as a Scare Tactic
In Insurance onRead moreA common scare tactic by claimants' attorneys is to send a demand or claim letter that includes an arbitrarily set deadline by which a response "must" be provided.
Construction Defect Statutes Outline Procedures for Litigation Against Contractors
In Claims onRead moreMost states have enacted notice of claim, an official intent to file a claim, for construction defects statutes. Commonly referred to as Right to Repair/Cure statutes, they establish a pre-litigation dispute resolution mechanism in certain construction defect matters that generally involve the claimant filing a notice of claim with the contractor, which often includes design professionals and engineers as defined by statute.
Best Practice in Responding to Inquiries from State Agencies
In Claims onRead moreA recent trend in the rise of inquiries from state agencies has been observed in 2018 and 2019. These "inquiries" are not formal complaints, but rather informal investigations into projects. Often, state investigators will contact an engineer or design professional directly via email or phone to "respond to a few questions."
Engineers’ Duties Outside of a Written Contract: Avoiding Pitfalls Through Proper Documentation
Read moreAs with any profession, a contract for engineering services specifies the terms of agreements, services to be exchanged, deadlines, and estimated costs. It also outlines the specific duties of the project's engineering firm.
