Claims Retrospective: Subrogation Demystified
Read moreMeticulous Engineer was hired to do the calculations for the demolition plans in connection with the renovation of Old Warehouse. The drawings indicated that part of Old Warehouse was to be demolished and a small addition was to be added to the remaining part of Old Warehouse.
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Claim Retrospective: Clients’ Unauthorized Use of Plans and Drawings or Seal and Stamp
Read moreUnfortunately, clients commonly use engineers' plans and drawings on subsequent projects without the engineer's permission. Even worse, clients have altered engineers’ plans and drawings before using them in subsequent projects, again without the engineer's approval. Shockingly, clients have even used an engineer's seal and stamp without their authorization.
Construction Observation Duties Do Not Make an Engineer Responsible for On-Site Safety
In Liability onRead moreIt is common for engineers to be named as defendants in lawsuits by construction workers who are injured while working at the construction site. Often, an injured worker’s attorney will name everyone involved in the project and determine who is liable later, or even worse, invent a reason why a party might be liable.
Claim Retrospective: The Significance of a Global Settlement in Multi-Party Litigation
Read moreWhy can’t we settle the claim? The answer is often that we cannot obtain a global settlement. Unfortunately, such an answer is not always easy for engineers to understand. As you might imagine, the more parties involved in the litigation, the more difficult it can be to get everyone to agree on a resolution.
What’s an indemnification provision?
Read moreNext time you sign a contract, look closely for language requiring either you or your client to "indemnify" and/or "hold harmless" from claims by third parties. This type of provision is commonly referred to as an indemnity provision. In general, it requires one party to reimburse the other for losses and/or damages incurred as a result of a claim against that other party.
Know Your Limits — The Consequences of Being Underinsured
Read moreMost professionals, including engineers, understand that claims are one of the inevitable costs of doing business. Engineers buy professional liability insurance to ensure that the cost of defense, settlement, and/or liability associated with a claim will not fall predominately on their shoulders.
Know the Limits of Your Contract
In Construction, Contracts onRead moreGeneral contractors and developers rarely have insurance covering construction defect claims, and they regularly become insolvent and/or judgment proof after a project is completed. Because of this, homebuyers often attempt to expand the duties of design professionals beyond those imposed by common law or agreed to in a contract.
Effective Ways to Handle Claims
Read moreWhen claims surface during an ongoing project, engineers are often under pressure to act quickly in order to prevent further damages. However, acting too hastily may jeopardize their insurance coverage. It’s imperative for the engineer to report claims to their professional liability insurance carrier immediately.
How Document Retention Could Save You
In Documentation onRead moreA professional’s inability to produce important evidence during a lawsuit alleging negligence may result in sanctions. State law determines whether spoliation of evidence may result in sanctions, and the nature of any sanctions imposed against a party who fails to preserve important evidence can vary greatly by state.
Getting to Know Your Retroactive Date
Read moreThere are typically two initial timing requirements that must be met in order for there to be a potential for coverage under your professional liability (PL) insurance policy. The first requirement is that the claim must be first made (i.e., received by the insured) during the coverage period.
