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Design Professionals' Exposure for Design Errors and Omissions

Understand the contractual protections that can be used to minimize exposure.

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 topic 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.

Runtime: 101 minutes
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Why Lorman?

Over 32 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 2017 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
  • 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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More Program Information

Why Lorman?

Over 32 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 May 15, 2018.

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

  • AIA 1.5
     
  • Lorman Business Center, Inc. is registered with the AIA Continuing Education System (AIA/CES). This 1.5 hour program offers 1.5 Learning Unit hours, which will be reported directly to the AIA/CES for AIA members.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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
     
  • 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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More Program Information

Why Lorman?

Over 32 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.

James Sobba LLC

  • 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]
Christopher Mohart

Christopher Mohart

Polsinelli PC

  • Shareholder of Polsinelli PC
  • Represents owners, developers, investors, lenders, contractors, design professionals, and subcontractors a wide variety of markets, including transportation, power, manufacturing, buildings, water, and sewer
  • As a trial attorney, Chris prosecutes and defends claims relating to breach of contract, insurance coverage, design errors and omissions, defective workmanship, mechanic’s liens, payment and performance bonds, bid protests, MBE/DBE/WBE challenges, and an array of federal and state statutory violations
  • As a transactional attorney, assists clients during all phases of their projects - planning, permitting, contract drafting and negotiation, day-to-day advice, and closeout
  • Member of State Bars of Missouri, Kansas, and Illinois; the Kansas City Metropolitan Bar Association, Construction Law Committee; the American Bar Association, Forum Committee on the Construction Industry, and the American Institute of Architects
  • Frequent presenter and has contributed to numerous professional publications
  • J.D. degree, Boston College Law School; B.A. degree, American University
  • Can be contacted at 816-360-4394 or [email protected]
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Why Lorman?

Over 32 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: 400855
Published 2018
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