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Risk Transfer by Contract

Design and construction contracts perform several functions. One of these is the allocation of risks among the participants on a project. Identifying and providing for a variety of risks is an important aspect of drafting and negotiating contracts. Broad Risk Transfer Provisions One of the broad risk transfer tools is “hold harmless and indemnify” language. …Read Full Post


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. We hope you will share your experiences and thoughts on AE Issues by sending us your comments. Following is an outline of such issues with …Read Full Post

Wastewater Treatment Design 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. An engineering firm is retained to participate in the planning, design, and construction of a wastewater treatment system that produces an effluent meeting prescribed regulatory standards. The design …Read Full Post

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. Unrealistic Performance Expectations To …Read Full Post

Construction Service Related Issues

Architects and Engineers perform a variety of tasks including investigations, surveys, feasibility studies, planning, design, facility administration, maintenance and construction related tasks. They can function as a corporate employee or as a professional service consultant for government agencies, private industry, developers, contractors, or on their own behalf as entrepreneurial business people in various industries. Here …Read Full Post

Prospects for Successful Mediation

One consideration 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. Most projects, no matter how well managed, run into problems, disagreements, and sometimes disputes over accountability. Usually problems get addressed and disagreements get worked …Read Full Post