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."
0
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.
Claims Retrospective: The Risks in Providing Professional Services to a Party Engaged in Litigation
Read moreRequests for professional engineering services by a party already in litigation are not unusual and can present unique challenges. The parties embroiled in litigation are more likely to be emotional, frustrated, upset and/or defensive about the subject project, and pursuing a rational resolution may be clouded by the parties' intransigent positions.
Your Document Retention Policy Should Be Based on the Applicable Statute of Repose
In Claims onRead moreThe most common question that comes up when evaluating a document retention policy seems to be, "What is the statute of limitations?"
Claims Retrospective: Maintaining Proper Licensure
In Claims onRead moreNot holding the proper licensure can cause complications for an engineer’s claims defense and professional liability coverage.
Certificates of Merit May Offer Some Defense and Insights
In Claims onRead moreTo prevent unmeritorious errors and omissions claims from proceeding against licensed professionals, including licensed professional engineers, a minority of state legislatures have passed statutes requiring the filing of an affidavit or certificate of merit by the plaintiff that supports their contention that they have a valid legal claim against the defendant engineer.
Claims Retrospective: Engineers Should Recognize High-Risk Projects and Take Added Measures to Protect Themselves
In Claims onRead moreThere has been an increase in claims involving high-risk projects in the past few years. Additionally, more engineers who do not typically take on high-risk projects are willing to do so. However, these engineers do not always account for the higher risk involved and tend to approach such high-risk projects in the same fashion as smaller projects, without taking additional measures to protect themselves.
Pre-Litigation Disclosure of Insurance Information: To Do or Not to Do?
In Documentation onRead morePotential and actual claimants and their counsels often request or even demand an engineer’s professional liability insurance information prior to the initiation of litigation and, in some instances, prior to even sending a demand letter.
Claims Retrospective: Engineers Should Be Prepared for Boomerang Claims
In Claims onRead moreSometimes, claimants or their counsels cast a wide net at the beginning of a dispute, sending demand letters and/or filing litigation against every party involved with a project, including the engineers and other design professionals.
It Can Be Perilous to Agree to Defend and Indemnify Another Party in a Written Contract
In Contracts onRead moreMost engineers recognize indemnification clauses can be problematic. Under any normal professional liability policy, such as the forms used by Certain Underwriters at Lloyd's of London, there is no coverage for liability assumed under a contract or agreement unless the insured would have such liability in the absence of a contract.
