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8/10/2015 1 Professional Liability Claims Against Structural Engineers – The Early Stages Project problems and communications indicating that a professional liability claim might be coming your way.  When does a problem become a dispute and then a claim?
8/12/2015 2 Professional Liability Claims Against Architects and Engineers - When There is No Error or Omission Is it a professional liability claim when there is no error or omission?  An examination of some scenarios.
11/17/2015 3 Design Professionals and the Law As an architect or engineer are you aware of some of the basic legal concepts applicable to your work?
11/29/2015 4 Resolving Design Professional Disputes The more complex a project is…. and the more entities that are involved in the design and construction, the more likely it is that disputes will arise.  It is important for design professionals to be at least aware of and, even better, to be skilled at recognizing and addressing these disputes.
12/7/2015 5 Principles for Avoiding Architect / Engineer Liability Much has been said and written about avoiding architect/ engineer liability.  Can it be distilled into some basic principles?  Consider this summary.
12/22/2015 6 Negotiating Design and Construction Disputes – Some of the Key Elements Most design and construction related disputes are negotiated to resolution.  What are some of the key elements of such negotiations?
1/8/2016 7 Construction Delay and Extra Cost Scenarios Design and construction related disputes fall into a number of categories.  One of the more complex and difficult to resolve are construction delay and extra cost scenarios. Here are some key considerations.
1/12/2016 8 Some Theories of Liability for Construction  Delay and Extra Cost Claims All disputes – whether negotiated or litigated – are addressed within a legal framework.  What are some of the key legal theories relevant to construction delay and extra cost claims?
1/19/2016 9 Professional Liability Claims Against Architects and Engineers Arising out of Construction Worker Injuries Another category of professional liability claims against architects and engineers are those that arise out of construction worker injuries.  Here are some points to consider when faced by a construction worker injury claim.
1/26/2016 10 Theories of Liability, Issues, and Evidence in Construction Worker Injury Cases As with all disputes and claims they are addressed and resolved within a legal framework that has evolved.  Here are the key legal theories, issues, and evidence to be aware of when faced with a construction worker injury claim.
2/8/2016 11 Avoiding and Resolving Worker Injury Claims Better than resolving construction worker injury claims is avoiding them in the first place.  Here are some thoughts on avoiding and resolving construction worker injury claims.
2/15/2016 12 Expert Consultants in Professional Liability Litigation One of the key elements of addressing professional liability claims – including those made against architects and engineers – is the use of experts.  Here we discuss the role of expert consultants in professional liability litigation.
2/22/2016 13 Resolving Architect, Engineer, and Construction Disputes Architects and Engineers will inevitable find themselves in disputes. Gaining an understanding and skill in addressing and resolving disputes is an important part of being a professional.
2/29/2016 14 To Settle or To Trial Litigation is a long, costly and tedious process.  At various points throughout the process the question of whether to settle or proceed to trial comes up.  Here are some points to consider when faced with this decision.
3/14/2016 15 Mediation Scenarios – Injury and Delay Cost Issues Mediation has become a favored means to resolve disputes and claims. Approaches to mediation can vary depending on the type of dispute or claim.  Here are some points to consider when engaged in injury and project cost and delay disputes.
3/24/2016 16 Injuries To Construction Site Passers-By Architects and Engineers can find themselves involved in claims and lawsuits arising out of injuries to construction site passers-by. Here are some points to consider in addressing these.
3/28/2016 17 Completed Project Injury Claims One of the several broad categories of claims against architects and engineers are claims that arise out of completed projects. Once the project is completed and the files are placed in storage, what are some of the issues that can arise?
4/3/2016 18 Mediation of Design and Construction Disputes When design and construction related disputes, claims, and lawsuits arise there are various means to address and resolve them.  Here are some thoughts on mediation as tool for putting those disputes behind you.
4/11/2016 19 Design Service Contracts Any service – and especially a service that can become as complex as those provided by architects and engineers – needs to begin with a mutual understanding of many details.  Design service contracts deserve and receive a lot of attention. Here are some key considerations for entering into a design service agreement.
5/1/2016 20 Overview AE Issues Technical competence is only one of the elements of the successful practice or architecture or engineering.  Other concerns include marketing, contract negotiation and administration, managing client relationships, risk management, dispute resolution, and others. Here is an overview of some considerations of interest.
5/12/2016 21 Client Categories and Characteristics An architect or engineer needs to be aware of many considerations. One that is key to success is an understanding of client categories and characteristics.  Here are some thoughts on this important topic.
5/20/2016 22 Project Categories and Characteristics As with the different kinds of clients that an architect or engineer will encounter, there is a variety of project categories and each has certain characteristics. Understanding these can be critical to success.
5/23/2016 23 Project Problem or Claim One of the keys to early and cost effective resolution of professional liability claims against architects and engineers is awareness of when a project problem turns into a professional liability claim. Here are some thoughts on this important topic.
6/9/2016 24 AE Entrepreneur News about deteriorating infrastructure and the need for investment to bring it up to modern standards suggests not only the need for funding but also a need for talent. The needed talent is likely not limited to technical talent. There is a need for initiators, promoters, and managers. There is a need for entrepreneurs.
6/13/2016 25 Delay and Cost Overrun Issues Who is to be held accountable when project delays and cost overruns arise?  Multiple parties are active on most projects. There are project owners/ developers, planners/ designers, and contractors/ suppliers.  Others include financing entities and government agencies both with power to cause delays and additional project costs. Here is a review of some of the considerations.
7/2/1015 26 Prospects for Mediation Success One of the considerations in deciding whether to pursue mediation of a dispute is evaluation of the prospects that it will be successful.  Here are some thoughts on evaluating prospects for mediation success.
7/8/2016 27 Construction Service Related Issues Architects and Engineers act in a variety of roles.  They perform investigations, surveys, feasibility studies, planning, design, facility administration, maintenance and construction related tasks. Their work can be performed as an employee or a professional service consultant to government agencies, private industry, developers, or contractors.  Sometimes they act on their own behalf as business people.  Here we discuss construction related roles and related issues.
7/22/2016 28 Leadership In any profession or industry there are many workers and a much smaller number of leaders?  What is it that separates the leaders from those who follow?
10/31/2016 29 Addressing Construction Delay and Cost Overrun Claims Construction delays and cost overruns are some of the most likely kinds of disputes that architects and engineers encounter.  Here are some thoughts on how to address these to avoid extended and costly litigation.
11/10/2016 30 Green Design Liability Risks Are there professional liability risks specifically associated with green design?  Environmental considerations have been a part of responsible design for a long time. As new green technologies and design techniques have been introduced, new professional liability hazards have emerged. Let's examine a number of pitfalls to look out for and avoid.
11/20/2016 31 Wastewater Treatment Design Liability Risk Wastewater treatment design is a complex process that can result in difficult and expensive liability issues. Let's briefly examine a possible scenario and some of its implications.

 

11/28/2016 32 Architects & Engineers Professional Liability Insurance How well do you understand your professional liability insurance policy? What questions should you ask?
12/4/2016 33 AE Issues Topics - Organized We have now posted about 30 articles covering a range of topics. To provide some context it might be useful to put these topics into a big picture outline. To the extent that some of these topics have been addressed, links are provided to those articles. More will follow.
12/17/2016 34 Materials Testing Liability Scenario Construction related services can range from the broad, like project planning or management, to the narrow, like materials testing. What are some of the issues that a materials testing service encounter?  Are there risks even when the service follows explicitly defined instructions and makes no errors in performing the services defined in a contract?
2/7/2017 35 Building Information Modeling Providing a concise description of BIM and the issues it raises has proven to be a challenging task. There are some scholarly and detailed writings on the subject. BIM is computerized project modeling to depict the design, components, construction, operation, maintenance and eventual dismantling of a building or other facility project. It is done in a manner to enable collaborative effort by the various project team members.
2/19/2017 36 Project Delivery Models Design and communication of detailed instructions to those who build have been evolving for a long time. In an earlier post Building Information Modeling (BIM) was discussed.  As computer technology for detailing and communicating project design changes, questions arise about the related concept of Project Delivery Models.  How do Project Delivery Models need to adapt to these new technologies?
3/14/2017 37 Geotechnical Considerations New construction projects are rooted in the soil.  Construction of projects begins with a foundation.  As important as foundations are to a project they are often out of sight and out of mind.  When foundation related issues surface they can become serious and costly. In addition to effects on foundations, soils issues can impact the construction process, and threaten projects that rely on retaining walls. What are some geotechnical issues and concerns to keep in mind when planning designing, and constructing a project?
 5/2/2017  38  Welcome The practice of architecture or engineering involves much more than technical know how. Our mission here is to explore many of the non technical issues that architects and engineers encounter. ...  Following is an outline of such issues with links to the posts that address them.