The problems presented to design professionals in the coming decade include not only business issues, but also liability issues.
This OnDemand Webinar is intended to provide design professionals with legal input - not advice - concerning how to avoid liability claims. Avoidance can occur through client and project selection and through contracting. This program will provide guidance on contractual provisions which can shift responsibility and also be beneficial in client selection. The OnDemand Webinar will also address what happens when a claim is made and how the design professional can respond. The program will highlight recent developments that provide benefits to design professionals when claims are made and will provide instructions on how to take advantage of the tools available. Learning Objectives •You will be able to discuss contractual liability protection for design professionals. •You will be able to review claim response. •You will be able to describe claim avoidance. •You will be able to recognize economic loss rule.
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Why Lorman?
Over 36 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
Contractual Liability Protection for Design Professionals
- Indemnity
- Limitation of Liability
- Waiver of Consequential Damages
Claim Response
- Certificate of Merit
- Standard of Care Liabilities
- Contractual Defenses
Claim Avoidance
- Client Selection
- Economic Loss Rule - Contractual Strangers
- Negligent Misrepresentation
- Suing for Fees
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More Program Information
Why Lorman?
Over 36 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 Course
This course was last revised on March 1, 2011.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 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

Richard A. Capshaw
Capshaw & Associates
- Formed Capshaw & Associates in 2007
- Actively involved in general commercial litigation concentrating on construction litigation representing design professionals, owners and contractors in the avoidance, prosecution and defense of construction claims
- Extensive experience in the mediation process and acts as a mediator in facilitating the resolution of disputes
- Achieved the highest rating in the Martindale-Hubbell Law Directory; included in Super Lawyers 2005 to 2010 and Super Lawyer in construction law by the Texas Lawyer
- Selected for membership in ABOTA, American Board of Trial Advocates, which is a select organization of experienced trial lawyers that supports the 7th Amendment to the United States Constitution and the right to trial by jury
- Frequent speaker on insurance and construction law
- Contributing editor and writer to Architect and Engineer Liability; Claims Against Design Professionals
- J.D. degree, University of Oklahoma; B.S. degree, Oklahoma State University
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More Program Information
Why Lorman?
Over 36 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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