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Four Steps To Creating Successful Design Professional Agreements

The modern design professional agreement is laden with defined terms and cross-references that can obscure the true responsibilities and liabilities of designers on construction projects.

The modern design professional agreement is laden with defined terms and cross-references that can obscure the true responsibilities and liabilities of designers on construction projects. Too often only after a dispute arises does a designer realize the extent of risk and potential uninsurability to which that party signed its name. This topic will provide design professionals with a four-step process to creating successful design professional agreements and advise on how to effectively carry contracts through to completion. Discuss contracting strategies to employ and common provisions to address, including scope of work, indemnity, limitation of liability, waiver of consequential damages, attorney's fees, and insurance. You will be provided examples of real contract provisions gone wrong and how to avoid similar situations in your practice.

Runtime: 91 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Evaluate Your Pre-Contract Position

  • Approaches to Partnering on a Contract: Owners, Contractors, and Other Designers
  • Strategies for Different Projects: Design-Bid-Build, Design-Build, and Ipd
  • No Two Contracts Are the Same

Select the Contract Form and Modify the Responsibilities

  • Defining Your Scope of Design Work
  • Ownership and Subsequent Use of Design
  • Controlling Your Scope During Construction III; Address the Risks Inherent in Any Project
  • Indemnity, Defense, and Hold Harmless
  • Limitations of Liability and Waivers of Consequential Damages
  • Insurability

Execute to Final Completion

  • The Designer's Role During Construction
  • Warranties, Guarantees, and Walk-Throughs
  • Methods of Dispute Resolution
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on December 11, 2015.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • CC 0.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Sean C. Gay

Sean C. Gay

Stoel Rives LLP

  • Partner at Stoel Rives LLP
  • Practices construction and design law
  • Represents owners, developers, contractors, subcontractors, material suppliers and design professionals
  • J.D. degree, Willamette University College of Law; B.S. degree in civil engineering, Oregon State University
  • Can be contacted at 503-294-9239 or [email protected]
C. Andrew Gibson

C. Andrew Gibson

Stoel Rives LLP

  • Senior associate in the Portland, Oregon office of Stoel Rives LLP, one of only 12 law firms nationwide to receive the National Tier 1 ranking in Construction Law from U.S. News - Best Lawyers® "Best Law Firms" since the survey's inception
  • Practiced exclusively in the area of construction and design law for ten years in multiple jurisdictions including California, Oregon, and Washington
  • Drafted and negotiated design agreements on all sides of the spectrum, for architects and engineers, for owner/developers, and in design-build scenarios
  • Extensive experience litigating construction contract disputes and brings that perspective to bear on the topic of creating successful design agreements
  • J.D. degree, Santa Clara University School of Law; B.A. degree in history and political science; University of California Berkeley
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Product ID: 396458
Published 2015
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