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Design Professionals' Exposure for Design Errors and Omissions

Today, design professionals are being asked to take on greater risk and liability than ever before. For the individual responsible for identifying and evaluating risk for design professionals on a project-by-project basis, complex issues concerning measure of damages, insurance and other potential sources of risk must be understood and examined on every project. This OnDemand Webinar will identify the areas of greatest risk and address how insurance and contractual protections can be used to minimize the exposure of the design professional.

Learning Objectives

  • You will be able to discuss significant provisions of the 2007 AIA Documents.
  • You will be able to identify areas of greatest risk.
  • You will be able to review exceptions to the Economic Loss Doctrine.
  • You will be able to describe how insurance and contractual protections can be used to minimize the exposure of the design professional.

Runtime: 81 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

Design Professional Agreements Generally

  • AIA Agreements (New 2007 Provisions)
  • Allocation of Risks
  • Delineation of Obligations
  • Interpretation of Contracts (Parole Evidence Rule)

Standard of Care

  • Different Examples per State
  • What If No Standard of Care Is Stated in the Contract? (Battle of Experts)
  • Certificate of Merit Statutes
  • Licensing Board Standards
  • Raising the Standard of Care Via Contract

Sources of Liability

  • Cost Estimating
  • Design and Defective Plans
  • Scheduling
  • Construction Administration

Contract Damages

  • Breach of Warranty
  • Third-Party Beneficiaries
  • Consequential Damages
  • Betterment Doctrine
  • Liquidated Damages

Tort Law and Professional Negligence

  • Negligence Per Se
  • Contributory Negligence
  • Economic Loss Doctrine
  • Exceptions to the ELD - Negligent Misrepresentation

Insurance

  • Professional Liability Insurance
  • Commercial General Liability Insurance
  • Additional Insured

Contractual Protections

  • Limitations of Liability
  • Indemnification
  • Ownership of Instruments of Service
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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 program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • 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.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • 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.

Purchase Options

More Program Information

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

Edgar (Eddie) James, Esq.

Edgar (Eddie) James, Esq.

Polsinelli PC

  • Shareholder of Polsinelli PC
  • Represents contractors, design professionals, owners, construction lenders, suppliers and sureties on a wide variety of construction litigation matters in state and federal courts, as well as in arbitration and mediation
  • Federal court experience includes pursuing and defending claims in bankruptcy court
  • Prepared and defended claims in numerous areas of construction law, including contract default claims, payment disputes, bid contests, delay, acceleration and disruption/inefficiency claims, re-engineering and design error claims, MBE/DBE challenges, insurance coverage claims, and mechanics lien and bond claims
  • Member of the State Bars of Missouri, Kansas, Florida and New York; the Kansas City Metropolitan Bar Association, Construction Law Committee; and the American Bar Association, Forum Committee on the Construction Industry
  • Frequent presenter and has contributed to numerous professional publications
  • J.D. degree, University of Georgia; B.A. degree, American University
  • Can be contacted at 816-395-0661 or [email protected]
Ryan M. Manies

Ryan M. Manies

Polsinelli PC

  • Attorney with Polsinelli PC
  • Licensed architect with more than 10 years of experience in design and construction
  • Previously practiced as an architect in the Kansas City area
  • Represents owners, contractors, design professionals and national associations in various capacities, including contract drafting, contract negotiation, mediation, arbitration and litigation
  • Member of the Missouri Bar; the Kansas Bar; American Institute of Architects; the Kansas City Metropolitan Bar Association; and the American Bar Association, Forum Committee on the Construction Industry
  • Previously served as the Laws and Regulations Committee chair for the Mid-America Region of the Design-Build Institute of America
  • Frequent presenter and contributor to numerous professional publications
  • J.D. degree, University of Missouri-Kansas City School of Law; B.Arch. degree, University of Kansas
  • Can be contacted at 816-374-0508 or [email protected]
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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.

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Product ID: 390179
Published 2012, 2018
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